Edward T Kang

Edward T Kang

July 18, 2024 | The Legal Intelligencer

Better Safe Than Sorry: Filing Post-Trial Motions in Pennsylvania

Pennsylvania 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 Claims

Civil 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 Witnesses

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.

By Edward T. Kang

7 minute read

May 17, 2024 | The Legal Intelligencer

FTC Ban on Noncompetes: Antitrust Implications of Agreements

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.

By Edward T. Kang

9 minute read

April 12, 2024 | The Legal Intelligencer

Big Trouble—Little Governments

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.

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 Age

Understanding 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 Actions

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.

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 702

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.

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 Time

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.

By Edward T. Kang

9 minute read