Articles Posted in Media/Speaking Engagements

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KHF founding member Jacklyn Fetbroyt has been selected for inclusion in the 2016 Super Lawyers’ Rising Stars list, published by Thomson Reuters.

For Jackie, this is her fifth time (2010, 2013-2016) as a Rising Star in the area of Business/Corporate law – Pennsylvania.

The Super Lawyers’ Rising Stars list recognizes up and coming attorneys in each state 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of lawyers in each state are named to the Rising Stars list. The lists are selected and published by Thomson Reuters. The selection process includes a statewide survey of lawyers, independent evaluation of candidates by an attorney-led research staff, a peer review of candidates by practice, and a good-standing and disciplinary check.

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The common interest doctrine (CID), also known as the community-of-interest doctrine, is an exception to the general rule that attorney-client privilege (ACP) is waived when privileged information is shared with a third party. The CID allows attorneys representing different clients with the same or substantially similar legal interests to agree to (and do) share privileged information without waiving the ACP.

For the CID to apply, (1) there must generally be co-parties (that is, co-plaintiffs or co-defendants—but the CID may also apply to communications between parties and nonparties, and sometimes in nonlitigation matters), (2) the co-parties must be represented by separate counsel (the CID is different from the co-client (or joint-client) privilege, which applies when multiple clients hire the same attorney to represent them on a matter of common interest), and (3) the co-parties must share a common legal interest, not merely a common commercial interest. Courts are divided on whether interests must be legally identical or somewhat less than that, such as substantially similar. And, of course, there must be an agreement among attorneys to share information.

If the above requirements are met, separate counsel for separate parties (or clients) may share information without waiving the ACP. In other words, the CID only protects communications between counsel, not between parties. Communications between parties are protected under the CID, however, if counsel is present during the communications. Continue reading →

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KHF founding member Jacklyn Fetbroyt was selected to participate in a Women in the Profession Roundtable discussion that took place at the American Lawyer Media offices in Philadelphia. The conversation will be published in an upcoming Woman in the Profession supplement in The Legal Intelligencer. Among the issues discussed were recruitment and retention of female lawyers, gender equality issues, work-life balance and challenges facing women at law firms today. The roundtable was moderated by Jami McKeon, Chair of Morgan Lewis.

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“Thinking about making a lateral move to a small, boutique law firm? Recruiting successful laterals is critical to any firm’s success, regardless of size, and firms consider many factors in making a lateral hire. But for a small, boutique firm, a lateral hire will have an immediate impact. While big law firms can hire in large numbers and count on the laws of attrition to weed out the good from the bad hires, it is critical that small, boutique firms make the right calls—for the sake of both the law firm and the lateral,” writes Edward Kang in an article on lateral hiring as part of The Legal Intelligencer’s Top Laterals/New Partners supplement.

In the feature, Edward addresses some of the considerations to keep in mind when comparing a small, boutique law firm to a big firm; the importance of understanding the business of law; and the need for an appropriate business plan. Learn more about what KHF looks for in a lateral and what a lateral should consider from a jump to a new law firm…READ MORE

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Jacklyn Fetbroyt will speak on the topic of LLC operating agreements as part of a full day continuing legal education (CLE) program for the National Business Institute on April 25, 2016 in Philadelphia, Pennsylvania. She will address the subjects of formation and drafting: articles and operating agreement; and members and managers: rights, responsibilities and voting provisions. Additional seminar subjects addressed include common operating agreement mistakes and key LLC litigation developments; tax mistakes made in distribution, allocation and entity selection; transfer restriction issues, right of first refusal, impasses (put/call), capital call and dissolution provisions; and ethics. Online registration for the program is available.

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PA Law Weekly:  Kang on CFAA and its impact on employer-employee litigation

January 30, 2016

Throughout 2016, Edward Kang will be a regular contributor to the Pennsylvania Law Weekly and The Legal Intelligencer on civil litigation issues impacting attorneys throughout the state. This month he writes on the topic of the CFAA and its impact on employer-employee litigation.

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