Kang Haggerty NewsOn August 7, 2025, from 2:00–3:00 PM ET, Ross Wolfe will be a presenter for a Federal Bar Association Qui Tam Section webinar, False Claims Act Pre-trial Strategy. Continue reading ›
Legal Intelligencer: Justice at Scale: Class Action Settlements Must Deliver
In the July 17, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Justice at Scale: Class Action Settlements Must Deliver.”
In June 2024, U.S. District Judge Margo Brodie in the Eastern District of New York denied preliminary approval of a proposed $30 billion swipe-fee settlement between merchants and credit card giants Visa and Mastercard. At the last moment, despite nearly two decades of litigation and what appeared to be a monumental compromise, the deal fell through. The court criticized the sufficiency of relief compared to trial-level damages and noted that the proposed settlement inequitably benefited smaller merchants at the expense of larger ones. The court’s decision exemplifies heightened judicial scrutiny over class action settlements in recent years. It underscores the central tension in such cases: while such settlements can deliver mass redress, they must offer the class real, equitable benefits, not just symbolic fixes or compensation for counsel.
Legal Intelligencer: Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA
In the July 3, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA.”
It is common to see businesses marking Veterans Day with social media posts thanking service members for their service and sacrifices. It is notably less common for the same businesses to understand or honor their legal obligations to employees who are current or former members of the military. Too often, businesses discriminate against their employees who spend time serving in the uniformed services, such as the National Guard. While it is understandable that the employees’ time away from work could cause disruption at work (e.g., an employee spending six months on overseas service), the businesses need to understand that these employees provide vital functions for the public.
Legal Intelligencer: Revisiting ‘Zubulake’ 20 Years Later
In the June 19, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Revisiting ‘Zubulake’ 20 Years Later.”
Introduction
It has been 20 years since Judge Shira A. Scheindlin issued the landmark Zubulake decisions, a series of rulings that profoundly reshaped e-discovery practices in federal litigation. At a time when electronically stored information (ESI) was rapidly expanding and began to overwhelm traditional discovery practices, Zubulake addressed critical issues related to preservation, production, and cost-allocation. These decisions expanded the definition of ESI, established new standards for attorney oversight, and set a precedent for holding both parties and their attorneys accountable for failing to fulfill their e-discovery obligations. This article revisits Zubulake and explores its enduring impact on e-discovery standards and practices, as well as the significant developments that have occurred since these pivotal decisions.
Chambers USA Recognizes Edward Kang, Henry Donner in 2025 Edition
Kang Haggerty proudly congratulates Managing Member Edward T. Kang and Of Counsel Henry Donner on their inclusion in the 2025 edition of Chambers USA, the premier legal data and analytics provider.
Kang Haggerty Attorneys Named to Super Lawyers & Rising Star Lists for 2025
Kang Haggerty LLC is pleased to announce that five of its attorneys have been selected for the 2025 Pennsylvania Super Lawyers and Rising Stars lists. Continue reading ›
Legal Intelligencer: Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing
In the May 22, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing.”
It is not in boldface. It does not appear in the indemnity clause. And it is rarely the lead count in a complaint. But the implied covenant of good faith and fair dealing arises from a duty that is embedded in every contract, and a breach of the implied covenant claim can be a powerful tool in litigation. Too often, litigators make the mistake of tacking on a breach of implied covenant as a boilerplate claim or abandoning it in response to a motion to dismiss. Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith advantage. In complex business disputes, especially those involving strategic behavior that may evade a literal breach, a well-pleaded covenant claim may be the best—or only—path forward. Continue reading ›
Legal Intelligencer: Where Do I Have to Go to Get a Decent Beer?—State of Taprooms in Pa. and NJ in 2025
In the May 12, 2025 edition of The Legal Intelligencer, Aaron Peskin writes, “Where Do I Have to Go to Get a Decent Beer? —State of Taprooms in Pa. and NJ in 2025.”
It is fair to say that the craft beer boom of the 2010s is largely over. The year 2024 saw the first decline in the overall number of craft breweries nationwide since 2005. There are a lot of factors that have led to this decline, including the rise of hard seltzers, RTD (ready to drink) cocktails, and even the rise of recreational cannabis. With all of that said, Pennsylvania has both recently either passed new laws or reinterpreted existing ones to be friendlier to those in the business of brewing beer.
Legal Intelligencer: Civil RICO Gets Personal—Supreme Court Allows Recovery of Economic Harm Deriving From Personal Injury
In the April 17, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Civil RICO Gets Personal—Supreme Court Allows Recovery of Economic Harm Deriving From Personal Injury.”
The U.S. Supreme Court’s recent decision in Medical Marijuana v. Horn expands the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO), clarifying that injuries to business or property that derive from personal injuries may, under some circumstances, constitute a compensable injury. Historically, courts have read RICO’s civil enforcement provisions narrowly, excluding economic losses deriving from personal injury. Horn reverses this trend, opening new possibilities for plaintiffs for recovery.
Kang Haggerty’s Aaron Peskin quoted in The Philadelphia Inquirer: Federal layoffs hit Philadelphia. Here’s what happened next for workers
Kang Haggerty Senior Counsel Aaron Peskin is quoted in a Philadelphia Inquirer article by reporter Ariana Perez-Castells on the impact of recent federal layoffs impacting governmental employees in the Philadelphia area. Continue reading ›