July 18, 2024 | The Legal Intelligencer
Better Safe Than Sorry: Filing Post-Trial Motions in PennsylvaniaPennsylvania has unique procedures for raising and preserving issues for appeal after trial that could "surprise" many unsuspecting practitioners, especially those who do not practice regularly in the commonwealth.
By Edward T. Kang
7 minute read
July 05, 2024 | The Legal Intelligencer
From Mobsters to Fraudsters: Clearing the Bar for Civil RICO ClaimsCivil RICO is seen as "the litigation equivalent of a thermonuclear device," and civil RICO claims are often employed in complex, high-stakes litigation.
By Edward T. Kang
6 minute read
June 20, 2024 | The Legal Intelligencer
The Whole Truth: Addressing Hypothetical Questions to Lay and Expert WitnessesHypothetical 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.
By Edward T. Kang
7 minute read
May 17, 2024 | The Legal Intelligencer
FTC Ban on Noncompetes: Antitrust Implications of AgreementsAs 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.
By Edward T. Kang
9 minute read
April 12, 2024 | The Legal Intelligencer
Big Trouble—Little GovernmentsWhile 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.
By Edward T. Kang and Kyle T. Garabedian
7 minute read
March 21, 2024 | The Legal Intelligencer
When Hearsay Meets ESI: Navigating Evidence Rules in the Digital AgeUnderstanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively.
By Edward T. Kang
8 minute read
January 23, 2024 | The Legal Intelligencer
Collective David Against Corporate Goliaths: Named Plaintiffs' Standing in Antitrust Class ActionsAntitrust 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.
By Edward T. Kang
7 minute read
January 02, 2024 | The Legal Intelligencer
An Antitrust Storm Brewing in the Walled Gardens: Dissecting the Antitrust Claims in 'Epic v. Google'Considering the difficulties for private plaintiffs to pursue and prevail on antitrust claims under the Sherman Act, Section 2, Epic's win against Google carries significant consequences for platform operators' liability under antitrust laws.
By Edward T. Kang
9 minute read
November 22, 2023 | The Legal Intelligencer
Battle of the Experts (Standards): 'Frye,' 'Daubert' and Federal Rule of Evidence 702Litigators 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.
By Edward T. Kang
9 minute read
November 02, 2023 | The Legal Intelligencer
Use Rule 106 to Your Advantage: Introducing the Rest of the Story in Real TimeRule 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.
By Edward T. Kang
9 minute read
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