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Because jurisdictions vary widely in their treatment of deposition break conferences, practitioners should not assume that conversations with clients during deposition breaks will be covered by attorney-client privilege.

In the October 12, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Jurisdiction Matters: Things to Consider Before Consulting With Clients During Depositions“. Continue reading ›

Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of “For Settlement Purposes Only” will necessarily fall within the scope of Rule 408. Lawyers must have a clear understanding of the limitations to Rule 408’s protection of settlement evidence.

In the August 31, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence“. Continue reading ›

The Supreme Court recently issued its opinion in Yegiazaryan v. Smagin affirming the Ninth Circuit’s holding and providing RICO plaintiffs with a powerful tool against debtors employing fraudulent tactics to avoid payment.

In the July 20, 2023 Edition of The Legal Intelligencer, Edward T. Kang wrote “Sophisticated Schemers Beware: Civil RICO Expands Creditors’ Arsenal—Part II.Continue reading ›

Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights.

In the May 18, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Officers and Directors Should Seek Mandatory Advancement ProvisionContinue reading ›

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.

In the March 9, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine

Continue reading ›

Member Edward T. Kang and Associate Ross Wolfe attended the Federal Bar Association Qui Tam Section’s Annual Qui Tam Conference in Washington, DC, from February 16 through February 17. This year’s theme was New Frontiers: Redefining the Landscape of the FCA.

The Qui Tam Section of the Federal Bar Association was started in 2015. It provides education, training, and networking opportunities for attorneys involved with the False Claims Act and other whistleblower statutes. Their award-winning Annual Qui Tam Conference is the section’s premier event. It rallies noteworthy leaders and eminent keynote speakers to foster deep analysis and discussion on contemporary whistleblower-related issues.

 

 

On January 25, 2023, Edward T. Kang and Kandis L. Kovalsky were joined by colleagues Nelson Bellido of Roig Lawyers and Michael Moder of AILA Limited to present Piercing (and Protecting) the Corporate Veil. The CLE focused on the Pennsylvania Supreme Court’s recent decision in Mortimer v. McCool and various theories of how to both uphold/enforce and avoid a claim to “pierce the corporate veil.”

You can access the on-demand webcast of Piercing (and protecting) the Corporate Veil, on the Federal Bar Association’s website here. This CLE was co-sponsored by myLawCLE.

Copy-of-NAPABA-Convention-2022-Speaker-Social-Graphic-FB-Twitter-LI-1024x576Kang Haggerty attorneys Edward T. Kang, Kandis L. Kovalsky, and Susan Moon O are attending the National Asian Pacific American Bar Association (NAPABA) 2022 Convention in Las Vegas from November 3 through November 6, 2022.

On Friday, Edward and Kandis are joined by Erika Hiramatsu, Steve Koh, Kolin Tang, and Grace Park to present “How to Whet Uncle Sam’s Whistle: A Guide to Litigating Cases under the False Claims Act.” This program will cover issues that commonly arise in litigating cases brought under the False Claims Act where the government declines to intervene, with a particular focus on healthcare cases. The panelists will offer discussion from the points of view of counsel for Relators, Government, and Defendants. This CLE will also include an explanation of the key provisions of the FCA, recent key cases involving the healthcare industry, and recent policy developments and enforcement trends under the Biden Administration.

The NAPABA Convention is the largest annual gathering of Asian American and Pacific Islander (AAPI) attorneys, judges, law professors, and law students—bringing meaningful insights, networking opportunities, and perspective to the legal community.

Members Edward T. Kang and Kandis L. Kovalsky, along with Associate Ross Wolfe attended the Taxpayers Against Fraud 22nd Annual Conference in Washington DC from October 26 through October 28, 2022.

Taxpayers Against Fraud (TAF) is a non-profit organization dedicated to both defending and empowering those who expose fraud in both the government and the financial markets. TAF focusing on not only empowering and defending whistleblowers, but also educating the attorneys that help represent these Whistleblowers.

 

Kang Haggerty attorneys Edward Kang, Kandis Kovalsky and Jackie Fetbroyt will be attending the National Association of Minority & Women Owned Law Firms (NAMWOLF) conference starting this weekend in San Antonio, Texas. It is NAMWOLF’s first in-person meeting since 2020, and more than 250 attorneys are registered to attend the Driving Diversity Leadership Conference. If you will be there, please be sure to say hello and consider attending one of the continuing legal education programs that we are participating in.

Edward will serve on a panel presented by the Trials PAC, How to Navigate Multi-Party Litigation – the Good, the Bad, and the Ugly. On behalf of the Transactional PAC, Jackie will once again present her popular real estate CLE, From Brick and Mortar to Change or Mortem: The Transformation and Redevelopment of Malls’ Dead Space.

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