COVID-19 Update: FAQ and Other Information for Clients

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In the March 18, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “The Dilemma of Lengthy ‘Motion Pending’ Delays in Federal Courts.

We all know the phrase “justice delayed is justice denied.” Recently, I have been involved in a flurry of discussions with colleagues from the Philadelphia Bar Association relating to this issue. At a recent Federal Courts Committee discussion through the Philadelphia Bar Association, concerns were raised about what to do (or, more accurately, whether anything can be done) when federal court judges do not move a case for an extended (and unreasonably long) period, usually due to a pending motion to dismiss. Continue reading ›

Kang Haggerty in blue on textured white background

Kang Haggerty & Fetbroyt LLC is pleased to announce its new brand, Kang Haggerty, launched on February 1, 2021 with a new logo, website and refreshed design. The boutique business law firm—founded by Edward T. Kang, Jacklyn Fetbroyt, and Daniel D. Haggerty—remains the same team of close-knit attorneys that clients and colleagues have counted on since its inception in 2013.

“We felt it was time to modernize the firm’s brand to better reflect a trend in our profession,” said managing member Edward Kang. “This keeps us in step with the rebranding efforts of many firms in the legal landscape.”

The new look and logo is reflected in letterhead, business cards, the website, social media and in @kanghaggerty.com e-mail addresses. If you have any questions about the rebrand, please contact us. Edward, Jackie, Dan and the Kang Haggerty team look forward to your feedback, and continued support.

In the January 21, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers.

In reading the spate of recent antitrust actions taken against all-powerful search behemoth Google, you do not have to go very far to see damage done to businesses in our own backyard. A locally based (Paoli, Pennsylvania) search engine upstart DuckDuckGo, best known for protecting the privacy of its end-users, is one such business affected by Google’s monopoly. Continue reading ›

Lock unlocked with 1's and 0's spilling out; hacker to the rightDespite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches.

In the November 25, 2020 edition of  The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote, “Data Breach Cases: An Analysis of Standing and Best Causes of Action.

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches. Those affected may seek counsel to aid in bringing suit to hold an entity liable for its intermediary role when a third party commits a data breach.. While data breaches have become too common, case law and statutory law governing redress for data breaches is limited. This column explores standing and potential causes of action in data breach suits.

Malls are seemingly at the epicenter of the business news cycle each day, from COVID-related shopping limitations to chain store bankruptcies and slowed real estate transactions. Kang Haggerty founding member Jackie Fetbroyt serves as moderator and panelist for the plenary session of the Pennsylvania Bar Institute’s Annual Real Estate Institute on December 4th, 2020 — From Brick and Mortar to Change or Mortem: The Transformation and Redevelopment of Malls’ Dead Space, featuring a discussion regarding the failing of traditional malls in America, including its causes, trends in redevelopment plans (from Mega Churches to Experiential Entertainment and Lifestyle Centers), actions of local governments, developers, and retailers, and the role of the real estate lawyer in the overhaul and redevelopment process. To learn more about the CLE program and to register, click here.

Philadelphia, PA (December 1, 2020):  Kang Haggerty & Fetbroyt LLC, a business litigation boutique with offices in Philadelphia, PA and Marlton, NJ is pleased to announce that Susan Moon O has joined the firm as Senior Counsel.

Susan Moon O Headshot

Susan Moon O

Susan has extensive experience litigating complex civil and commercial matters, representing individual and institutional clients from pre-litigation stage to judgment execution.  She has handled a variety of matters involving business torts, contract disputes, restrictive covenants and confidentiality agreements, employment discrimination, professional malpractice, and personal injury.  Susan has also represented clients in commercial loan workouts. She joins the firm after 11 years of practice at Fellheimer & Eichen LLP.

This CLE webinar will provide corporate counsel with guidance for drafting director and officer (D&O) indemnification provisions in bylaws, LLC operating agreements, limited partnership agreements, and other governance documents as well as contractual indemnification agreements. The panel will also discuss how indemnification provisions interact with a company’s D&O insurance policies. Panelists include Kang Haggerty managing member Edward T. Kang and Kang Haggerty member Kandis L. Kovalsky, with Brian H. Mukherjee, Counsel, Goodwin Procter.

D&O Indemnification Provisions in Corporate Governance Documents: Implementing 2020 DOJ Guidance is presented by Strafford Publications. The webinar will take place Tuesday, November 17th from 1-2:30 pm EST.

 

Org-Chart-1024x576In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil.

In the November 5, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory.

In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil. Hoping to recover damages from an affiliated corporation that was not a defendant at trial, the plaintiff in Mortimer v. McCool, was granted an appeal on the basis of the so-called “single business enterprise” or “single entity” theory. See Mortimer v. McCool, Nos. 20 MAL 2020, (Pa. June 22, 2020). Not currently adopted in Pennsylvania, the theory may be applied to allow a plaintiff to reach the assets of one or more affiliated corporations of the debtor when those “corporations share common ownership and are, in reality, operating as a corporate combine.” See Miners v. Alpine Equipment, 722 A.2d 691,695 (Pa. Super. 1998). Courts discussing or adopting the enterprise theory have found its rightful target to be corporate entities that have integrated business ownership and assets to achieve a common business purpose. Thus, in an important sense, by operating what is essentially a “single business enterprise” split into multiple affiliated entities (often purely for the sake of avoiding liability), owners of such enterprises open the door for the courts to impose shared liability. In the past, I have written about veil-piercing in Pennsylvania generally, as well as in specific regard to LLCs and the “alter ego” theory. This column addresses the implications of the Mortimer appeal and the “enterprise” theory for Pennsylvania corporate liability law.

Kang Haggerty & Fetbroyt has received national recognition for its Construction Law practice in the U.S. News – Best Lawyers® “Best Law Firms” 2021. In addition, the firm was recognized in the Philadelphia Metropolitan listings for Commercial Litigation and Construction Law.

Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2021 rankings are based on the highest lawyer and firm participation on record, incorporating 8.3 million evaluations of more than 110,000 individual leading lawyers from more than 22,000 firms.

The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale.

Drawing of business meeting, participants wearing masks
In the October 15, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope.

While the coronavirus itself may be novel, business interruption insurance lawsuits are not. Accordingly, in the initial wave of lawsuits arising from the pandemic, both business owners and courts throughout the country seemed trapped in a fixed mindset about this new type of case. Reeling from loss and damage, business owners assumed that since their businesses had been interrupted by COVID-19, their claims had merit. Courts, meanwhile, reading insurance policies narrowly, dismissed claims related to the virus for lack of tangible alteration to business property. In recent months, however, litigators have embraced more creative arguments to persuade the courts to hear their cases. The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale.

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