Legal Intelligencer Tag Archives — Page 11 of 12

Legal Intelligencer: Through the Language Barrier: Examining a Witness Through Interpreters

October 23, 2017 | Edward T. Kang

In the October 19, 2017 edition of The Legal Intelligencer, Edward T. Kang, managing member of the firm, writes on the significant impact interpreters can have on a case.

The jury was thoroughly confused when a witness testified through an interpreter that he paid hundreds of thousands of dollars for a ladder in a construction case I tried a few years ago. What reasonable person would pay hundreds of thousands of dollars for a ladder? The “ladder,” however, was really a staircase—a distinction that was obviously important to the case. The delineation between interpreting and translating—in other words, between explaining the meaning and translating words verbatim—is vital when it comes to the use of interpreters during witness examinations.

The American legal system is wrought with a specialized lexicon and complexities that do not exist in the English language. Though an interpreter is not allowed to explain the legal procedure or give advice to a witness, they are your conduit to the witness and the mouthpiece of the witness for the judge or jury. An interpreter has the power, whether consciously or unknowingly, to skew the words of the witness as they choose your words. One question or answer, rephrased improperly, can completely change the outcome of a case.

Legal Intelligencer: Henry Donner and David Dean on Practitioners’ Guide to Navigating New Mechanics’ Lien Law Amendments

August 23, 2017 | Henry J. Donner

In the August 21, 2017 edition of The Legal Intelligencer, Henry Donner, Of Counsel at Kang Haggerty writes on the Practitioners’ Guide to Navigating New Mechanics’ Lien Law Amendments.

By: Henry Donner Construction-300x180-1

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.

Legal Intelligencer: Henry Donner and David Dean on Practitioners’ Guide to Navigating New Mechanics’ Lien Law Amendments

August 23, 2017 | Kang Haggerty LLC

In the August 21, 2017 edition of The Legal Intelligencer, Henry Donner, Of Counsel at Kang Haggerty, 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.

Legal Intelligencer: Edward T. Kang on Being Careful What You Say in Settlement Discussions

July 31, 2017 | Edward T. Kang

In the July 27, 2017 edition of The Legal Intelligencer, Kang Haggerty Managing Member Edward T. Kang writes on Being Careful What You Say in Settlement Discussions.

Be Careful What You Say in Settlement Discussions

By Edward T. Kang

Legal Intelligencer: Edward T. Kang on How to Effectively Work With Millennials as Employees and Clients

June 28, 2017 | Edward T. Kang

Edward T. Kang, Esquire In the June 22, 2017 edition of The Legal Intelligencer, Kang Haggerty Managing Member Edward T. Kang writes on How to Effectively Work With Millennials as Employees and Clients.

How to Effectively Work With Millennials as Employees and Clients

By Edward T. Kang

Defend Trade Secrets Act of 2016—One-Year Later, Now What?

May 25, 2017 | Kang Haggerty LLC

“Defend Trade Secrets Act of 2016—One-Year Later, Now What?” by Edward T. Kang | Legal Intelligencer

Following its enactment on May 11, 2016, there have been many cases filed in the US District Courts under the Defend Trade Secrets Act (DTSA). In this publication with The Legal Intelligencer, Edward T. Kang discusses notable developments relating to the DTSA – such as the private right of action arising from a trade secret misappropriation that occurred before but continues after the act’s enactment, which is drastically different from the Uniform Trade Secrets Act adopted by most of the states.

Click here to read the full article about the updates on the DTSA.

“Act 170 Changes the Business Landscape in Pennsylvania” by Edward T. Kang | Legal Intelligencer

April 27, 2017 | Kang Haggerty LLC

Act 170 Changes the Business Landscape in Pennsylvania

Act 170 effects significant change to the litigation landscape for both practitioners and LLC members. In this Legal Intelligencer publication, Edward Kang discusses the rights of a limited liability company (LLC) member to sue other members either directly or derivatively on behalf of the company. Continue reading ›

I (Think) I’m Ready for My First Trial. Do I want a Jury or Nonjury Trial?

February 2, 2017 | Kang Haggerty LLC

In his April 2016 civil litigation column in The Legal Intelligencer and the Pennsylvania Law Weekly, Edward T. Kang discusses and compares the relative merits of jury and bench trials based on analysis of data and comparative studies on the outcome of cases categorized by choice of fact-finder. While jury trials may seem the norm according to the media, bench trial is the less publicized alternative that lawyers and their clients must also consider. Learn more about the consequences of this pivotal decision: jury or no jury? READ MORE

The Legal Intelligencer’s Women in the Profession Roundtable

December 7, 2016 | Kang Haggerty LLC

Kang Haggerty founding member Jacklyn Fetbroyt was invited to participate in The Legal Intelligencer’s Women in the Profession Roundtable, featured in the publication’s November 2016 “Top Women in Law” special supplement.

The roundtable, moderated by Morgan Lewis chair Jami McKeon, addressed issues that included recruitment and retention of female lawyers, gender equality issues, work-life balance and challenges facing women at law firms today.

The editorial staff of The Legal has always been aware that the hiring and retention of female attorneys is an ongoing issue in the legal community. In an effort to discuss some of the specific problems facing female attorneys and present potential solutions to those problems, we invited 11 practitioners to talk about how to bolster the role of women in the law. This year the panelists tackled issues such as work-life balance, equal pay and the lack of positive change and opportunities for women in the legal profession.

Be Careful Before Relying on the Common Interest Doctrine

April 18, 2016 | Edward T. Kang

The common interest doctrine (CID), also known as the community-of-interest doctrine, is an exception to the general rule that attorney-client privilege (ACP) is waived when privileged information is shared with a third party. The CID allows attorneys representing different clients with the same or substantially similar legal interests to agree to (and do) share privileged information without waiving the ACP.

For the CID to apply, (1) there must generally be co-parties (that is, co-plaintiffs or co-defendants—but the CID may also apply to communications between parties and nonparties, and sometimes in nonlitigation matters), (2) the co-parties must be represented by separate counsel (the CID is different from the co-client (or joint-client) privilege, which applies when multiple clients hire the same attorney to represent them on a matter of common interest), and (3) the co-parties must share a common legal interest, not merely a common commercial interest. Courts are divided on whether interests must be legally identical or somewhat less than that, such as substantially similar. And, of course, there must be an agreement among attorneys to share information.

If the above requirements are met, separate counsel for separate parties (or clients) may share information without waiving the ACP. In other words, the CID only protects communications between counsel, not between parties. Communications between parties are protected under the CID, however, if counsel is present during the communications. Continue reading ›