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Articles Posted in Business Litigation and Dispute Resolution

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Kang Haggerty is pleased to announce that Edward T. Kang, Jacklyn Fetbroyt and Henry J. Donner have been selected to the 2022 Pennsylvania Super Lawyers list. Kandis L. Kovalsky and David R. Scott have been selected to the 2022 Rising Stars list. Continue reading ›

Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different forms that veil piercing can take.

In the May 12, 2022 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Enterprise Liability and When to Seek Piercing the Corporate Veil, Part II.Continue reading ›

Business-Paperwork-1024x576-1In the April 14, 2022 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine.

The Pennsylvania Rules of Civil Procedure are modeled after their federal counterparts and share much of the same language. Both contain provisions codifying the attorney work-product doctrine, and both use the phrase “prepared in anticipation of litigation” in defining the scope of this privilege. Despite this seemingly similar language, however, a stark distinction has emerged between the two. Continue reading ›

Social-MediaWhether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed.

In the March 17, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “What Makes a Market, a Market, Anyway? A Look at Social Media.

Picture an antitrust action against an apple farmer who supplies almost all the apples in America. If you were bringing the suit for antitrust violation, how would you define the market for an apple? Is it the market for a snack? For healthy snacks? For healthy handheld snacks? For fruits? The list could go on and on. Defining the market for an antitrust analysis becomes far more complicated for products or services that are newer, such as the market for social media networks. When it comes to the Sherman Act one may think that because it has been combatting monopolies for over a century, there can be no room for interpretation about what constitutes a monopoly, much less a market for one. In the past 100 years, however, new markets and questions about those markets have risen. Social media networks probably did not come across the minds of the Sherman Act’s drafters in 1890. Continue reading ›

Edward Kang serves as a panelist at the 2022 NAMWOLF Driving Diversity Leadership Conference along with Arnold Barba of LimNexus LLP, Suann Ingle of Suann Ingle Associates, Zahira Diaz-Vasquez of AT&T Services, Eric Nordstrom of Casualty Claims, and Jane Appleby of Advocate Auroro Health.

Join the Trials Practice Area Committee for a thought-provoking panel discussion addressing issues that commonly arise during all phases of multi-party trial preparation. During this CLE, we will discuss the ethical obligations and best practices for multi-party litigation including: ethical issues implicated when representing multiple clients; pros and cons of filing a cross claim versus entering into a joint defense agreement; pre-suit litigation holds; time-saving discovery practices; and how to communicate to your audience – a jury – during trial. This CLE will help attorneys—whether in-house or outside counsel—who deal with multi-party matters create an outline to streamline and focus their strategy for these cases.

Kang Haggerty LLC has once again received national recognition for its Construction Law practice in the U.S. News – Best Lawyers® “Best Law Firms” 2022. The firm appeared in the national rankings for both Construction Law and Litigation – Construction. The practice is led by Henry Donner.

In addition, the firm was recognized for excellence in the Philadelphia Metropolitan listings as a Tier 1 law firm in Litigation – Construction for the region. Construction Law, Employee Benefits (ERISA) Law, and Commercial Litigation all were recognized as well. Kang Haggerty’s reputation as a go-to business litigation boutique continues to grow each year.

Firms included in the 12th 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.

Scale with medication on one side and money on the other

This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context.

In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Qui Tam Suits and Veil Piercing: A Powerful Combo for Combating Health Care Fraud.

In 2019, the United States federal government spent $1.1 trillion, or approximately 25% of the overall federal budget, on just four government health care programs; Medicare, Medicaid, the Children’s Health Insurance Program (CHIP) and the Affordable Care Act (ACA). In addition to these well-known programs, the Department of Defense spends tens of billions of dollars every year providing health care to service members, veterans and their families through programs like TRICARE. Likewise, all states administer their own Medicaid programs and typically match the funding provided by the federal government, pumping even more public money into this sector. Continue reading ›

In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim.

In the September 9, 2021 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Enterprise Liability and When to Seek Piercing the Corporate Veil.Continue reading ›

Best-Lawyers-2022-Headshots-Only-1024x624Kang Haggerty LLC is pleased to announce that three of the firm’s attorneys have been selected for inclusion in The Best Lawyers in America© 2022. Congratulations to Henry J. Donner, Gregory H. Mathews and Kandis L. Kovalsky.

Donner also received recognition as “Lawyer of the Year” in the practice of Litigation – Construction for Philadelphia.

Attorneys were recognized in the following practice areas for Philadelphia, Pennsylvania:

Data-Transfer-1024x576In the July 8, 2021 edition of The Legal Intelligencer Edward T. Kang of Kang Haggerty co-authored “Protective Orders in the Age of E-Discovery.

Electronic discovery and its transformational consequences have been a defining feature of 21st century litigation. The sheer proliferation of data and associated complexity has necessitated the development of specialized software to manage and catalog this information. Data have become so complex that protocols surrounding metadata, i.e., data about data, have become a regular aspect of the discovery process. Agreements regarding the use and discoverability of electronically stored information (ESI) are commonplace in any case with a sufficiently large volume of documents. Continue reading ›

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