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Hypothetical questions can help facilitate conversations on judgments about the perceived likelihood or potential consequences of an event or an action. They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking the court to declare and of what the court may have to decide.

In the June 20, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “The Whole Truth: Addressing Hypothetical Questions to Lay and Expert Witnesses.” Continue reading ›

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Despite the growing prevalence of the use of hyperlinks, only a handful of courts have addressed the issue of modern attachments to date.

In the June 10, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Navigating the Shift: Understanding Modern Attachments in E-Discovery.” Continue reading ›

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As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers.

In the May 17, 2024 edition of The Legal Intelligencer, Edward T. Kang wrote, “FTC Ban on Noncompetes: Antitrust Implications of Agreements.”

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While asserting claims in federal court against local government is a powerful tool, it is one that should be used sparingly and carefully. Like most other litigation, such claims come with significant risks and financial costs.

In the April 12, 2024 edition of The Legal Intelligencer, Edward Kang and Kyle Garabedian co-authored “Big Troubles – Little Governments.” Continue reading ›

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There are avenues through which parties can seek recovery of e-discovery expenses. Parties should understand the basis upon which courts will allow recovery of these costs and establish reasonable limits on the scope of discovery at the beginning of the litigation process.

In the January 26, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Strategies for Successful Recovery of E-Discovery Expenses.” Continue reading ›

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Antitrust claims can successfully navigate last decade’s reforms. As market concentration intensifies, especially in the technology sector, it is crucial for class counsel to adequately represent plaintiffs and bring antitrust class actions to safeguard their rights.

In the January 23, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “Collective David Against Corporate Goliaths: Named Plaintiffs’ Standing in Antitrust Class Actions.” Continue reading ›

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Litigators preparing to qualify or challenge an expert witness must be ready to navigate several obstacles in admitting or excluding expert testimony. With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony.

In the November 22, 2023 edition of The Legal Intelligencer, Edward Kang wrote, “Battle of the Experts (Standards): ‘Frye,’ ‘Daubert’ and Federal Rule of Evidence 702.” Continue reading ›

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Rule 106 is more than just an obscure procedural rule governing the timing of the introduction of statements. It is tied to the fundamental objective of the adversary system, enabling parties to deliver robust arguments that are forceful yet within the bounds of fairness.

In the November 2, 2023 edition of The Legal Intelligencer, Edward Kang wrote, “Use Rule 106 to Your Advantage: Introducing the Rest of the Story in Real Time”

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As technology continues to advance, legal professionals should embrace TAR as an invaluable tool in the search for efficient, accurate, and cost-effective legal document review.

In the October 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Technology-Assisted Review: A Superior Approach in Legal Document Review.”

Technology-assisted review (TAR) has changed how lawyers manage and analyze vast volumes of electronic data in the ever-changing landscape of legal document review. Traditionally, search terms have been the preferred method in the e-discovery process. However, TAR is rapidly emerging as a superior alternative, offering numerous benefits over conventional search terms in legal document review. Continue reading ›

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Ethical issues in e-discovery arise due to the unique challenges and the complex nature of electronic data. The ethical challenges presented demand careful consideration and require lawyers to remain competent in emerging technology and the implications on e-discovery.

In the August 10, 2023 Edition of The Legal Intelligencer, Kelly Lavelle wrote “Beware of Ethical Issues in Today’s E-Discovery Landscape.” Continue reading ›

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