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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 ›

Kang Haggerty & Fetbroyt has once again received national recognition for its Construction Law practice in the U.S. News – Best Lawyers® “Best Law Firms” 2022. The firm appeared in the national rankings for both Construction Law and Litigation – Construction. The practice is led by Henry Donner.

In addition, the firm was recognized for excellence in the Philadelphia Metropolitan listings as a Tier 1 law firm in Litigation – Construction for the region. Construction Law, Employee Benefits (ERISA) Law, and Commercial Litigation all were recognized as well. Kang Haggerty’s reputation as a go-to business litigation boutique continues to grow each year.

Firms included in the 12th Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

Best-Lawyers-2022-Headshots-Only-1024x624Kang Haggerty & Fetbroyt LLC is pleased to announce that three of the firm’s attorneys have been selected for inclusion in The Best Lawyers in America© 2022. Congratulations to Henry J. Donner, Gregory H. Mathews and Kandis L. Kovalsky.

Donner also received recognition as “Lawyer of the Year” in the practice of Litigation – Construction for Philadelphia.

Attorneys were recognized in the following practice areas for Philadelphia, Pennsylvania:

Tablet with financial reports next to man with briefcase.Given the pandemic and its effect on financial markets coupled with the loss of contribution hours in certain industries, such a construction, many defined benefit pension plans have become underfunded once again.  What may come as a surprise to contributing employers of multi-employer pension plans is the impact an underfunded pension plan can have on their business upon withdrawal from the plan.  Employers should be aware of withdrawal liability and how to minimize its financial consequences. Continue reading ›

Woman holding book and thinkingWhile shelter-in-place and other restrictions on business remain in effect due to the pandemic, many expect re-openings (whether gradual, on a timeline, based on industry, or otherwise) are imminent.  If you have not adhered to the old adage to “learn from the past lest it repeat itself” maybe now is a good time to review some of your company policies. Continue reading ›

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In the April 9, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “When to Hire Outside Lawyers to Conduct an Internal Investigation: Revisited

In early November 2019, I wrote an article about the high-profile women who had called on Comcast to conduct an internal investigation regarding the alleged widespread culture of sexual harassment within the company. I discussed this issue and the rising calls for internal investigations within many industries and companies and their importance.

Since that article was published, Comcast has not been able to leave the spotlight on this issue. If anything, the calls for an internal investigation have only grown stronger. For example, four Democratic presidential candidates (Cory Booker, Kamala Harris, Bernie Sanders and Elizabeth Warren) called on the Democratic National Committee to make a formal demand on Comcast to perform an investigation regarding sexual misconduct before the November debate which was hosted by Comcast-owed MSNBC. Also, in November, Comcast went before the U.S. Supreme Court in an appeal of a U.S. Court of Appeals for the Ninth Circuit decision permitting a $20 billion racial discrimination suit to proceed against the company. Though the Supreme Court has not yet ruled on the matter, you should keep an eye out for its decision in Comcast v. National Association of African American-Owned Media.

Illustration of checklist with pen - title of checklist is NJ Assembly Bill 3844 on green backgroundAmong the various challenges businesses are facing throughout the COVID-19 pandemic, one is particularly garnering attention – the issue of business interruption insurance policies which are not being paid out to those who have faced losses due to coronavirus-related business closures. Business interruption insurance is designed to replace business income lost due to forced closure, typically due to natural disaster-related property damage, and is intended to cover operating expenses during the closure.  Like elsewhere in the United States, governments in Pennsylvania and New Jersey responded to the COVID-19 pandemic by, among other measures, closing non-essential businesses unless remote work is available. In light of these closures, many businesses turned to their business interruption insurance policies, only to find Continue reading ›

In the November 7, 2019 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “When to Hire Outside Lawyers to Conduct an Internal Investigation.”

The call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved.

Recently, a number of high-profile female journalists associated with NBC News called for its parent company, Comcast, to begin an internal investigation to address alleged sexual harassment within the news network’s workplace. As one of the country’s most successful corporations, Comcast, based here in Philadelphia, is faced with a need duplicated by many Fortune 500 companies—hiring outside counsel to investigate an internal matter.

Megyn Kelly and Gretchen Carlson, key figures in exposing the decades of misconduct by the late Roger Ailes, have been vocal in their support of the need for an internal investigation. In that case, Fox failed to address complaints aimed at the former chair and CEO of Fox News. The allegations detailed in Ronan Farrow’s current best seller, “Catch and Kill,” not only reveals the depth of the issues, but highlights the potential damage to the profile of a successful business. The letter signed by Kelly and Carlson reiterated claims of a “corporate culture of widespread sexual harassment and abuse.”

The call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved. Continue reading ›

We are often asked by our clients for non-disclosure and confidentiality agreements (often referred to as NDAs) in the transactional setting as well as in litigation settlement agreements – but what if the employment contract or settlement includes provisions regarding a discrimination claim?

Effective as of March 18, 2019 in New Jersey, lawyers must be wary of employment or settlement agreements that include any provision that “has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment.” If a provision is contained in a settlement agreement to which the New Jersey Law Against Discrimination (NJLAD) applies, it is unenforceable against the employee. If the employee chooses to reveal claim specifics in a way that the employer is “reasonably identifiable,” the employer may likewise reveal formerly confidential information. In fact, such settlement agreements must contain a bold, prominently placed notice that “although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” Continue reading ›

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