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Articles Tagged with Legal Intelligencer

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 and Ryan T. Kirk 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 and Ryan T. Kirk 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 ›

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 ›

Scale with medication on one side and money on the other

This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context.

In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Qui Tam Suits and Veil Piercing: A Powerful Combo for Combating Health Care Fraud.

In 2019, the United States federal government spent $1.1 trillion, or approximately 25% of the overall federal budget, on just four government health care programs; Medicare, Medicaid, the Children’s Health Insurance Program (CHIP) and the Affordable Care Act (ACA). In addition to these well-known programs, the Department of Defense spends tens of billions of dollars every year providing health care to service members, veterans and their families through programs like TRICARE. Likewise, all states administer their own Medicaid programs and typically match the funding provided by the federal government, pumping even more public money into this sector. Continue reading ›

Illustration showing four people in a bsuiness meeting.

This column examines these amendments, the history behind Delaware’s prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations.

In the October 14, 2021 editions of The Legal Intelligencer and the Delaware Business Court Insider Edward T. Kang, managing member of Kang Haggerty wrote “Significant Recent Changes to the Delaware Limited Liability Company Act.

Delaware Senate Bill 114, recently enacted and effective as of Aug. 1, includes substantial additions and amendments to the Delaware Limited Liability Company Act (the LLC Act). In addition to several amendments meant to supersede recent case law, these amendments also contained further guidance regarding the operations of a Delaware public benefit LLC. This column examines these amendments, the history behind Delaware’s prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations. Continue reading ›

In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim.

In the September 9, 2021 edition of The Legal Intelligencer, Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Enterprise Liability and When to Seek Piercing the Corporate Veil.Continue reading ›

Long scroll with lines simulating text on golden backround.In the July 22, 2021 edition of The Legal Intelligencer Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “‘Cosby’ and the Use of Prior Bad Acts in the Civil Litigation Context.

On June 30, the Pennsylvania Supreme Court authored another chapter in the saga of Philadelphia native Bill Cosby. With a career spanning the better part of a century, Cosby had successful forays into music, literature film, television and comedy. In recent years, however, Cosby has been famous for all the wrong reasons. Once known as “America’s Dad,” Cosby has been accused of a crushing deluge of graphic sexual assault allegations. These claims date back to the earliest days of Cosby’s career, span multiple jurisdictions, and have been levied by dozens of women of varying backgrounds and circumstances. Continue reading ›

Data-Transfer-1024x576In the July 8, 2021 edition of The Legal Intelligencer Edward T. Kang and Ryan T. Kirk of Kang Haggerty co-authored “Protective Orders in the Age of E-Discovery.

Electronic discovery and its transformational consequences have been a defining feature of 21st century litigation. The sheer proliferation of data and associated complexity has necessitated the development of specialized software to manage and catalog this information. Data have become so complex that protocols surrounding metadata, i.e., data about data, have become a regular aspect of the discovery process. Agreements regarding the use and discoverability of electronically stored information (ESI) are commonplace in any case with a sufficiently large volume of documents. Continue reading ›

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