In the July 2018 edition of the American Bar Association’s Law Practice Today (LPT), KHF managing member Edward T. Kang is featured in the Meet the Managing Partner column. LPT, a monthly publication of the ABA’s Law Practice Division, is distributed to nearly 500,000 lawyers and law students across the globe each month, including all members of the ABA. This month’s issue is devoted to the theme of diversity and inclusion. Learn more at www.lawpracticetoday.com.
Philadelphia, PA (May 23, 2018): On May 21, 2018 Jacklyn Fetbroyt, Founding Member of Kang Haggerty & Fetbroyt, LLC was appointed Co-Chair of the Financial Services Litigation Practice Area Committee (“PAC”) for the National Association of Minority and Women Owned Law Firms (“NAMWOLF”).
With this position, Jacklyn looks forward to integrating more deeply into the NAMWOLF community, becoming more involved with members of the Financial Services Litigation PAC, and working with her co-chair, Sarah Oquist of the Minneapolis based Sapientia Law Group, PLLC, to grow the PAC in size and presence.
Kang Haggerty & Fetbroyt, LLC joined NAMWOLF, a nonprofit trade association dedicated to promoting diversity in the legal profession, in 2017 along with three of their PACs: Financial Service Litigation, Transaction and Trials.
Kang Haggerty & Fetbroyt, a boutique business litigation firm with offices in Philadelphia, PA and Cherry Hill, NJ, congratulates Henry Donner, Of Counsel, for once again being selected among the top ranked construction lawyers in Pennsylvania in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business.
One of only two Senior Statesmen named for the practice area in Pennsylvania, Chambers calls Donner, “A veteran construction lawyer who is called upon for his deep knowledge and keen insights in contract negotiations, design error issues and labor and employment matters.”
Philadelphia, PA (May 3, 2018): Kang Haggerty & Fetbroyt, a business litigation boutique with offices in Philadelphia, PA and Cherry Hill, NJ, is pleased to announce that Tianna K. Kalogerakis has joined the firm as an associate.
Tianna received her J.D. from the Temple University Beasley School of Law in Philadelphia, where she also earned a certificate in trial advocacy. She graduated with a B.S. from the University of Florida. Prior to joining Kang Haggerty, Tianna served as a judicial law clerk in both the Superior Court of Pennsylvania and the Philadelphia Court of Common Pleas (to the Honorable Lillian Harris Ransom).
A native of Fort Lauderdale, Florida, Tianna concentrates her practice on commercial litigation and business disputes such as breach of contract, breach of fiduciary duty, and business torts. She is admitted to the practice of law in Pennsylvania and New Jersey.
KHF Associate Kandis Kovalsky was recently appointed to two Young Lawyer Division (YLD) leadership positions within the Pennsylvania Bar Association (PBA) and the Philadelphia Bar Association. She will serve as the liaison between the Federal Courts Committee and the YLD of the Philadelphia Bar, and as liaison between the YLD and State Civil Litigation sections of the PBA.
In her capacity as liaison to these committees, Kovalsky will attend governing counsels, participate in events, and interact with leadership of these committees within the statewide and city bar associations. She is expected to serve in an important two-way communications role in keeping young lawyers informed of important work in the Federal Courts and statewide civil litigation issues, and providing the committee with insight as to concerns of young attorneys in Philadelphia and Pennsylvania.
Philadelphia, PA (December 4, 2017): Kang Haggerty & Fetbroyt, a business litigation boutique with offices in Philadelphia, PA and Cherry Hill, NJ, is pleased to announce that Kandis L. Kovalsky has joined the firm as an associate.
Kandis earned her J.D. from the Washington University in St. Louis School of Law. She graduated with a B.A. from the University of Delaware. Prior to joining Kang Haggerty, she was an associate at Weir & Partners in Philadelphia.
A native of Newtown Square, PA, Kandis is an accomplished business lawyer representing both corporate and individual clients in a broad range of complex commercial litigation matters. She is admitted to the practice of law in Pennsylvania and New Jersey.
Kang Haggerty & Fetbroyt is pleased to announce that Gregory H. Mathews, Of Counsel, has been selected for inclusion in the 2018 edition of The Best Lawyers in America one of the most respected peer-review publications in the profession.
Mathews is named to the list for his distinguished contributions to the practice area of commercial litigation. Commercial litigation involves any type of dispute that can arise in the business context, including breach of contract cases, SEC and NASD claims, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators, such as Mathews, are able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of their clients.
Best Lawyers was founded in 1983 and is published in 70 countries and all 50 states. Its methodology employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. The 24th edition of The Best Lawyers in America highlights the top 5% of practicing attorneys in the United States, based on more than 7.4 million evaluations, recognizing attorneys in 140 practice areas.
Restrictive covenants are contractual clauses that limit an employee’s post-employment activities for a specified length of time and geographic area. Their enforceability varies by state and by profession. For example, restrictive covenants are unenforceable in the legal profession but are enforceable in the medical profession. The American Medical Association, however, discourages restrictive covenants between physicians. Yet it deems them ethical unless they are excessive in geographic scope or duration, or fail to reasonably accommodate patients’ choice of physician.
The determination of whether a restrictive covenant is reasonable is a factual one that is assessed on a case-by-case basis: courts weigh the competing interests of the employee versus the employer, and typically the burden is on the employer to demonstrate that the restrictive covenant protects the employer’s interests without posing an undue hardship on the employee.
In Pennsylvania, restrictive covenants are enforceable if they are incident to an employment relationship between the parties, the restrictions imposed by the covenant are reasonably necessary for the protection of the employer, and the restrictions imposed are reasonably limited in duration and geographic extent. Hess v. Gebhard & Co. Inc., 808 A.2d 912 (Pa. 2002).
In the August 21, 2017 edition of The Legal Intelligencer, Henry Donner, Of Counsel at KHF, and David Dean, an associate of the firm, write on the Practitioners’ Guide to Navigating New Mechanics’ Lien Law Amendments.
By: Henry Donner and David Dean
Pennsylvania’s Mechanics Lien Law of 1963 was amended in late 2014 to require the commonwealth’s Department of General Services to create an internet-based State Construction Notices Directory. As required by the law, the directory went live on Dec. 31, 2016, providing a standardized, statewide, internet-based system for construction notices. This statutory scheme imposes new requirements on project owners, contractors, and subcontractors, compliance with which can drastically affect those parties’ rights under the Mechanics Lien Law. Practitioners representing any of the traditional parties in a construction matter should be sure to familiarize themselves with these new provisions, and advise their clients accordingly.