Practitioners should anticipate when a witness will invoke the privilege and how to deal with or use such invocation applying the principles of fairness and reliability.

In the June 30, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Nonparty Witness Invoking the Fifth Amendment Privilege in a Civil Case.Continue reading ›

Depp-v-Heard-1024x538Beyond the substantive legal matters at issue, one procedural aspect of the trial has also generated significant attention; namely, that the entire proceeding was livestreamed for the public. We discuss below the pros and cons of such coverage, the history of recording devices in courtrooms, as well as provide recommendations for balancing the countervailing concerns at issue.

In the June 16, 2022 edition of The Legal Intelligencer, Edward T. Kang co-authored, “‘Depp v. Heard’: Public Trials and the Social Media Era.Continue reading ›

Kang Haggerty is pleased to announce that Edward T. Kang, Jacklyn Fetbroyt and Henry J. Donner have been selected to the 2022 Pennsylvania Super Lawyers list. Kandis L. Kovalsky and David R. Scott have been selected to the 2022 Rising Stars list. Continue reading ›

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

Business-Paperwork-1024x576-1In the April 14, 2022 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine.

The Pennsylvania Rules of Civil Procedure are modeled after their federal counterparts and share much of the same language. Both contain provisions codifying the attorney work-product doctrine, and both use the phrase “prepared in anticipation of litigation” in defining the scope of this privilege. Despite this seemingly similar language, however, a stark distinction has emerged between the two. Continue reading ›

Social-MediaWhether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed.

In the March 17, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “What Makes a Market, a Market, Anyway? A Look at Social Media.

Picture an antitrust action against an apple farmer who supplies almost all the apples in America. If you were bringing the suit for antitrust violation, how would you define the market for an apple? Is it the market for a snack? For healthy snacks? For healthy handheld snacks? For fruits? The list could go on and on. Defining the market for an antitrust analysis becomes far more complicated for products or services that are newer, such as the market for social media networks. When it comes to the Sherman Act one may think that because it has been combatting monopolies for over a century, there can be no room for interpretation about what constitutes a monopoly, much less a market for one. In the past 100 years, however, new markets and questions about those markets have risen. Social media networks probably did not come across the minds of the Sherman Act’s drafters in 1890. Continue reading ›

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.

Edward Kang serves as a panelist at the 2022 NAMWOLF Driving Diversity Leadership Conference along with Arnold Barba of LimNexus LLP, Suann Ingle of Suann Ingle Associates, Zahira Diaz-Vasquez of AT&T Services, Eric Nordstrom of Casualty Claims, and Jane Appleby of Advocate Auroro Health.

Join the Trials Practice Area Committee for a thought-provoking panel discussion addressing issues that commonly arise during all phases of multi-party trial preparation. During this CLE, we will discuss the ethical obligations and best practices for multi-party litigation including: ethical issues implicated when representing multiple clients; pros and cons of filing a cross claim versus entering into a joint defense agreement; pre-suit litigation holds; time-saving discovery practices; and how to communicate to your audience – a jury – during trial. This CLE will help attorneys—whether in-house or outside counsel—who deal with multi-party matters create an outline to streamline and focus their strategy for these cases.

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