Edward T. Kang

March 21, 2024 | The Legal Intelligencer

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

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

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

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

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

October 12, 2023 | The Legal Intelligencer

Because jurisdictions vary widely in their treatment of deposition break conferences, practitioners should not assume that conversations with clients during deposition breaks will be covered by attorney-client privilege.

By Edward T. Kang

9 minute read

August 31, 2023 | The Legal Intelligencer

Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of "For Settlement Purposes Only" will necessarily fall within the scope of Rule 408. Lawyers must have a clear understanding of the limitations to Rule 408's protection of settlement evidence.

By Edward T. Kang

8 minute read

July 20, 2023 | The Legal Intelligencer

The Supreme Court recently issued its opinion in Yegiazaryan v. Smagin affirming the Ninth Circuit's holding and providing RICO plaintiffs with a powerful tool against debtors employing fraudulent tactics to avoid payment.

By Edward T. Kang

9 minute read

July 06, 2023 | The Legal Intelligencer

Courts will likely be grappling with questions regarding cryptocurrency for years to come—with the results from the suits against Binance and Coinbase potentially serving as guiding precedent in answering those questions.

By Edward T. Kang and Kandis L. Kovalsky

10 minute read

June 15, 2023 | The Legal Intelligencer

The statute does not define the term "resulting from," which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. The divergence of views among the circuit courts has created challenges for relators in proving causation. This column is part two of our earlier column relating to AKS and the causation standard.

By Edward T. Kang and Kandis L. Kovalsky

9 minute read