Kandis L Kovalsky

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

April 13, 2023 | The Legal Intelligencer

The Supreme Court is taking up two U.S. Court of Appeals for the Seventh Circuit cases where rulings shielded both food-and-pharmacy chains from FCA liability for alleged improper billing involving prescription drugs. If the high court sides with the Seventh Circuit, the impending result could mean an exponential loss of taxpayer money.

By Edward T. Kang and Kandis L. Kovalsky

10 minute read

January 19, 2023 | The Legal Intelligencer

Recently, the Federal Trade Commission (FTC) has proposed a rule, which would ban the use of noncompetes almost completely and require existing noncompete agreements to be rescinded. This comes with inherent legal challenges and has a broad implication for employers in the business community and their litigators.

By Edward T. Kang and Kandis L. Kovalsky

8 minute read

December 01, 2022 | The Legal Intelligencer

The Third Circuit has adopted a more plaintiff/relator friendly interpretation while the Eighth Circuit has reached the opposite conclusion. Until the U.S. Supreme Court settles the circuit split, choice of venue is key for those bringing claims under the Anti-Kickback statute.

By Edward T. Kang and Kandis L. Kovalsky

8 minute read

January 02, 2020 | The Legal Intelligencer

Major cases such as 2014's Daimler AG v. Bauman have refined the requirements for, and in many senses restricted, the establishment of personal jurisdiction over parties. This goes for both the exercise of general and specific jurisdiction.

By Edward T. Kang and Kandis L. Kovalsky

9 minute read

November 29, 2018 | The Legal Intelligencer

The Defend Trade Secrets Act (DTSA), 18 U.S.C. Section 1836, et seq., which was enacted on May 11, 2016, after a Senate vote of 87-0, is the first federal law to protect trade secrets.

By Edward T. Kang and Kandis L. Kovalsky

9 minute read

November 08, 2018 | The Legal Intelligencer

These days, it is common for companies headquartered or principally located in one city and state to have multiple offices and employees throughout many cities and states in the country, and even the world.

By Edward T. Kang and Kandis L. Kovalsky

9 minute read

October 18, 2018 | The Legal Intelligencer

Today, there are close to 3,000 emojis in the Unicode Standard. As such, people can communicate a lot more through emojis, if they choose. And, the data shows this is what people are choosing.

By Edward T. Kang and Kandis L. Kovalsky

9 minute read