Kang Haggerty NewsEarlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine. Continue reading ›
Articles Posted in Publications
Legal Intelligencer: Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine
Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine. Continue reading ›
Legal Intelligencer: Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.
In the January 26,2023 edition of The Legal Intelligencer, Kelly Lavelle wrote “Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery” Continue reading ›
Legal Intelligencer: The Noncompete Agreement: Is It a Thing of the Past?
Recently, the Federal Trade Commission (FTC) has proposed a rule, which would ban the use of noncompetes almost completely and require existing noncompete agreements to be rescinded. This comes with inherent legal challenges and has a broad implication for employers in the business community and their litigators.
In the January 19,2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis Kovalsky wrote “The Noncompete Agreement: Is It a Thing of the Past?“ Continue reading ›
Legal Intelligencer: Sophisticated Schemers Beware: Civil RICO Expands Creditors’ Arsenal
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’ Arsenal” Continue reading ›
Legal Intelligencer: Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit
The Third Circuit has adopted a more plaintiff/relator friendly interpretation while the Eighth Circuit has reached the opposite conclusion. Until the U.S. Supreme Court settles the circuit split, choice of venue is key for those bringing claims under the Anti-Kickback statute.
In the December 1, 2022 edition of The Legal Intelligencer, Edward T. Kang and Kandis Kovalsky wrote “Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit” Continue reading ›
Legal Intelligencer: Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue
A smart and tactical choice of venue can set the stage for victory, and in a False Claims Act case, that choice may make all the difference.
In the November 10, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue” Continue reading ›
Taxpayers Against Fraud: Relator’s Share: What Is It? How Does It Work? What Is The Process?
In the October 2022 Edition of Taxpayers Against Fraud (TAF) Newsletter, Kandis Kovalsky wrote “Relator’s Share: What Is It? How Does It Work? What Is The Process?”
To incentivize whistleblowers to assist the Government in combatting fraud on the Government and its taxpayers, the False Claims Act, 31 U.S.C. § 3729, et seq. (the “FCA”) ensures that a whistleblower under the FCA (referred to as a “Relator”) receives at least 15 percent of the proceeds recovered by the Government in any action filed under the FCA by a Relator (referred to as a “qui tam” action). A Relator receives 15 percent of the proceeds of an FCA action just by causing a complaint to be filed; 15 percent is the minimum. Continue reading ›
Legal Intelligencer: The Great Pandemic Heist: Attorneys’ Role in Fighting PPP Loan Fraud
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.
Legal Intelligencer: The Disappearing Jury Trial and Its Affect on the American Legal System
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 ›