Articles Posted in Business Litigation and Dispute Resolution

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On January 25, 2023, Edward T. Kang and Kandis L. Kovalsky were joined by colleagues Nelson Bellido of Roig Lawyers and Michael Moder of AILA Limited to present Piercing (and Protecting) the Corporate Veil. The CLE focused on the Pennsylvania Supreme Court’s recent decision in Mortimer v. McCool and various theories of how to both uphold/enforce and avoid a claim to “pierce the corporate veil.”

You can access the on-demand webcast of Piercing (and protecting) the Corporate Veil, on the Federal Bar Association’s website here. This CLE was co-sponsored by myLawCLE.

A recent Law360 article by reporter Anne Cullen, Employers Weigh Emoji Bans to Curb Bias, Harassment Suits, discusses the increase in emojis popping up in workplace discrimination and harassment cases. She interviews Kang Haggerty managing member Edward Kang for his perspective:

“My advice is to not use them in the workplace at all because there is no such thing as a safe emoji,” Kang says in the article.

Even ones that appear innocuous can be problematic, noting that the popular “thumbs up” emoji, for example, tends to have a positive connotation with older generations but can be seen as dismissive by a younger viewer.

Those plaintiffs counsel practicing in the Third Circuit should rejoice in knowing that RICO provides a powerful tool for creditors against debtors using fraudulent means to avoid paying.

In the January 5, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Sophisticated Schemers Beware: Civil RICO Expands Creditors’ ArsenalContinue reading ›

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 ›

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