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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 and Ryan T. Kirk of Kang Haggerty co-authored “Enterprise Liability and When to Seek Piercing the Corporate Veil, Part II.Continue reading ›

For practitioners, these Daniel Snyder events provide helpful tips relating to how organizations both large and small should conduct internal investigations.

In the January 20, 2022 edition of The Legal Intelligencer, Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Internal Investigations in the NFL: Lessons for Organizations Large and Small.

Daniel Snyder, the embattled owner of the Washington Football Team, has been in the news again recently for all the wrong reasons. No stranger to scandal, Snyder has now been accused of interfering with the 2021 investigation into the workplace environment of his organization. This is just another in a long list of controversies Snyder has found himself embroiled in, which include suing financially distressed season ticket holders during the Great Recession, banning fans from bringing signs to FedEx Field, and rebranding his franchise after its former namesake was retired. This, coupled with Washington’s lack of success during his tenure, has led some to label him the worst owner in all of professional sports. Continue reading ›

This column will focus primarily on self-funded plans, the types of disputes that often arise relating to these plans, and suggestions for avoiding or resolving these disputes.

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In the December 2, 2021 edition of The Legal Intelligencer, Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Self-Funded Employer Health Plans: Benefits, Pitfalls and Strategies.

The majority of Americans receive their health coverage through some type of employer-based insurance, and there are two main types of plans: fully insured and self-funded. Fully insured plans offer health insurance in the more conventional sense, where an employer and its employees pay monthly premiums to an insurer, who then covers the cost of medical treatment provided by its network of professionals. Continue reading ›

In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim.

In the September 9, 2021 edition of The Legal Intelligencer, Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Enterprise Liability and When to Seek Piercing the Corporate Veil.Continue reading ›

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 ›

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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 ›

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 ›

Woman on laptop sitting atop large book.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 ›

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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 ›

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