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Articles Posted in Business Litigation and Dispute Resolution

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Copy-of-2022-Best-Lawyers-1-1-1024x1024Kang Haggerty has once again received national and regional recognition in U.S. News – Best Lawyers® “Best Law Firms” 2023. In the national rankings, Construction Law and Litigation-Construction are both recognized. In regional rankings for Philadelphia, Commercial Litigation, Construction Law, Employee Benefits (ERISA) Law, and Litigation-Construction are all ranked. Continue reading ›

In the October 13, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “The Great Pandemic Heist: Attorneys’ Role in Fighting PPP Loan Fraud

In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.

The “good” thieves are able to abscond with tremendously valuable items while remaining undetected. They take care to cover their tracks, to make sure any witnesses are silenced, and to financially clean the ill-gotten goods as quickly as possible. In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans. The thieves’ plan to line their pockets was fairly simple: steal the money that the government was doling out to help buoy the economy during the throes of the pandemic. They took advantage of the government’s urgent loan dispersal to those who required immediate help. But the thieves could not resist showing off their looted wealth. They began purchasing flashy and expensive Lamborghinis, beautiful beachfront houses, and spending large amounts in cash. The careless and reckless nature of the heist has proven to be its undoing, and now the U.S. government is coming to take back what was stolen—although they are not acting alone.

An examination of the processes often undertaken to dismiss cases before trial, and the lasting effects that a decline in jury trials may have on the American legal system at large.

In the September 22, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “The Disappearing Jury Trial and Its Affect on the American Legal System.” Continue reading ›

Kang Haggerty LLC is pleased to announce that four of the firm’s attorneys have been selected for inclusion in The Best Lawyers in America© 2023. Congratulations to Henry J. Donner, Gregory H. Mathews, Kandis L. Kovalsky and Kyle T. Garabedian. Continue reading ›

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.

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