Publications Category Archives — Kang Haggerty & Fetbroyt LLC News Published By Kang Haggerty & Fetbroyt LLC

Legal Intelligencer: ‘Cosby’ and the Use of Prior Bad Acts in the Civil Litigation Context

July 22, 2021 | Edward T. Kang and Ryan T. Kirk

Long scroll with lines simulating text on golden backround. In the July 22, 2021 edition of The Legal Intelligencer Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “‘Cosby’ and the Use of Prior Bad Acts in the Civil Litigation Context.”

On June 30, the Pennsylvania Supreme Court authored another chapter in the saga of Philadelphia native Bill Cosby. With a career spanning the better part of a century, Cosby had successful forays into music, literature film, television and comedy. In recent years, however, Cosby has been famous for all the wrong reasons. Once known as “America’s Dad,” Cosby has been accused of a crushing deluge of graphic sexual assault allegations. These claims date back to the earliest days of Cosby’s career, span multiple jurisdictions, and have been levied by dozens of women of varying backgrounds and circumstances. Continue reading ›

Law Practice Today: Meet NAMWOLF’s New CEO: Leslie Davis

July 16, 2021 | Edward T. Kang

leslie davis

Edward T. Kang, managing member of Kang Haggerty interviewed NAMWOLF’s new CEO Leslie Davis for The Women in Law Issue of American Bar Association’s Law Practice Today.

The National Association of Minority and Women Owned Law Firms (NAMWOLF) recently named attorney Leslie D. Davis as its new chief executive officer, succeeding Joel Stern. The longtime Chicago resident was a law firm partner and litigator at Riley, Safer Holmes & Cancila, Drinker Biddle & Reath, and SNR Denton (formerly known as Sonnenschein Nath & Rosenthal) before joining NAMWOLF. She is also a commissioner for the City of Chicago Community Development Commission.

NAMWOLF, founded in 2001, is a nonprofit trade association composed of minority and women owned law firms. Recently, Edward T. Kang, managing member of Kang Haggerty in Philadelphia, PA, and a law firm member of NAMWOLF, sat down with Leslie to discuss her career, what brought her to NAMWOLF, and the challenges she has faced in her life along the way. Continue reading ›

Legal Intelligencer: A Primer on Pennsylvania’s Participation Theory

June 24, 2021 | Edward T. Kang

Three coworkers collaborating. In the June 24, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty, wrote “A Primer on Pennsylvania’s Participation Theory.”

One of the primary benefits of organizing a business as a corporation (or similar entity) is limited liability protection. By establishing the corporation as a separate legal entity, its actions become distinct from the individuals running it. For the corporation’s shareholders, this provides downside certainty; the maximum liability exposure they face (in general) is the value of their investment. Since the losses stemming from personal liability are theoretically infinite, investors relish the corporate form’s ability to mitigate risk. Continue reading ›

Legal Intelligencer: Expert Witnesses in Pa.—What Materials Matter in Forming an Opinion?

May 20, 2021 | Edward T. Kang

Over both of counsel’s objections, the judge allowed the witness to continue with his testimony, in accordance with Pennsylvania Rules of Evidence 702 and 703 and the general acceptance test. This scenario raises the question: what materials can an expert witness rely on in Pennsylvania courts, which follows the Frye standard? And has this changed in recent years?

In the May 20, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Expert Witnesses in Pa.—What Materials Matter in Forming an Opinion?” Continue reading ›

Law Practice Today: Zoom Court Appearances: Rising to the Occasion While Seated

April 19, 2021 | Kandis Kovalsky

Back of person's head looking at video call on laptop

In the April 2021 Young Lawyers Issue of Law Practice Today, Kandis Kovalsky wrote “Zoom Court Appearances: Rising to the Occasion While Seated”

On March 13, 2020, a national emergency was declared in the United States as a result of the COVID-19 pandemic. Instantly, courts across the country were shuttered. Many courts, particularly the federal courts, quickly rallied and embraced Zoom as a means to continue to hold hearings and move the many criminal and civil cases on their dockets. Some lawyers reveled in the courts’ embracement of Zoom, as the legal profession is often criticized as being somewhat of a dinosaur. Others were initially less excited about having to use a webcam and embrace modern technology, and while appearing in court, no less. Indeed, some lawyers even exclaimed that using Zoom (e.g., the technology) is more stressful than participating in the hearing itself. Continue reading ›

Legal Intelligencer: Holding Third Parties Liable for Their Role in Perpetuating the Opioid Crisis

April 15, 2021 | Edward T. Kang

The opioid epidemic was a perfect storm, caused by years of over-promotion, over-prescription and dangerous marketing campaigns. Integral to this “perfect storm” was not just the drug manufacturers’ conduct, but also third parties, such as private equity and consulting companies, who all played critical roles.

In the April 15, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Holding Third Parties Liable for Their Role in Perpetuating the Opioid Crisis.” Continue reading ›

Legal Intelligencer: The Dilemma of Lengthy ‘Motion Pending’ Delays in Federal Courts

March 18, 2021 | Edward T. Kang

People in line impatiently

In the March 18, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “The Dilemma of Lengthy ‘Motion Pending’ Delays in Federal Courts.”

We all know the phrase “justice delayed is justice denied.” Recently, I have been involved in a flurry of discussions with colleagues from the Philadelphia Bar Association relating to this issue. At a recent Federal Courts Committee discussion through the Philadelphia Bar Association, concerns were raised about what to do (or, more accurately, whether anything can be done) when federal court judges do not move a case for an extended (and unreasonably long) period, usually due to a pending motion to dismiss. Continue reading ›

Legal Intelligencer: Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers

January 21, 2021 | Edward T. Kang

In the January 21, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers.”

In reading the spate of recent antitrust actions taken against all-powerful search behemoth Google, you do not have to go very far to see damage done to businesses in our own backyard. A locally based (Paoli, Pennsylvania) search engine upstart DuckDuckGo, best known for protecting the privacy of its end-users, is one such business affected by Google’s monopoly. Continue reading ›

Legal Intelligencer: Data Breach Cases: An Analysis of Standing and Best Causes of Action

December 3, 2020 | Edward T. Kang

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches.

In the November 25, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote, “Data Breach Cases: An Analysis of Standing and Best Causes of Action.”

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches. Those affected may seek counsel to aid in bringing suit to hold an entity liable for its intermediary role when a third party commits a data breach.. While data breaches have become too common, case law and statutory law governing redress for data breaches is limited. This column explores standing and potential causes of action in data breach suits.

Legal Intelligencer: Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory

November 5, 2020 | Edward T. Kang

Org-Chart-1024x576 In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil.

In the November 5, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory.”

In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil. Hoping to recover damages from an affiliated corporation that was not a defendant at trial, the plaintiff in Mortimer v. McCool, was granted an appeal on the basis of the so-called “single business enterprise” or “single entity” theory. See Mortimer v. McCool, Nos. 20 MAL 2020, (Pa. June 22, 2020). Not currently adopted in Pennsylvania, the theory may be applied to allow a plaintiff to reach the assets of one or more affiliated corporations of the debtor when those “corporations share common ownership and are, in reality, operating as a corporate combine.” See Miners v. Alpine Equipment, 722 A.2d 691,695 (Pa. Super. 1998). Courts discussing or adopting the enterprise theory have found its rightful target to be corporate entities that have integrated business ownership and assets to achieve a common business purpose. Thus, in an important sense, by operating what is essentially a “single business enterprise” split into multiple affiliated entities (often purely for the sake of avoiding liability), owners of such enterprises open the door for the courts to impose shared liability. In the past, I have written about veil-piercing in Pennsylvania generally, as well as in specific regard to LLCs and the “alter ego” theory. This column addresses the implications of the Mortimer appeal and the “enterprise” theory for Pennsylvania corporate liability law.