Edward T. Kang Archives — Kang Haggerty News

Legal Intelligencer: Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence

September 1, 2023 | Edward T. Kang

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 Legal Intelligencer: Sophisticated Schemers Beware: Civil RICO Expands Creditors’ Arsenal—Part II

July 21, 2023 | Edward T. Kang

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 ›

Legal Intelligencer: Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit, Part 2

June 16, 2023 | Edward T. Kang and Kandis Kovalsky

The statute does not define the term “resulting from,” which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. The divergence of views among the circuit courts has created challenges for relators in proving causation. This column is part two of our earlier column relating to AKS and the causation standard.

In the June 15, 2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky wrote “Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit, Part 2“ Continue reading ›

Legal Intelligencer: Officers and Directors Should Seek Mandatory Advancement Provision

May 19, 2023 | Edward T. Kang

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 Provision“ Continue reading ›

Legal Intelligencer: When Is Knowing ‘Knowing’ in FCA Cases? High Court Examines Two Cases

April 19, 2023 | Kandis Kovalsky and Edward T. Kang

The Supreme Court is taking up two U.S. Court of Appeals for the Seventh Circuit cases where rulings shielded both food-and-pharmacy chains from FCA liability for alleged improper billing involving prescription drugs. If the high court sides with the Seventh Circuit, the impending result could mean an exponential loss of taxpayer money.

In the April 13, 2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis Kovalsky wrote “When Is Knowing ‘Knowing’ in FCA Cases? High Court Examines Two Cases“

Legal Intelligencer: Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine

March 17, 2023 | Edward T. Kang

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“

Kang Haggerty Attends Annual Qui Tam Conference

February 20, 2023 | Kang Haggerty LLC

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.

Kang and Kovalsky Present CLE for Federal Bar Association: Piercing (and Protecting) the Corporate Veil

January 25, 2023 | Kang Haggerty LLC

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.

Kang Haggerty to Present CLE at 2022 NAPABA Convention

November 3, 2022 | Kang Haggerty LLC

Kang 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.

Kang Haggerty Attends Taxpayers Against Fraud 22nd Annual Conference

October 30, 2022 | Kang Haggerty LLC

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.