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Be Careful Before Relying on the Common Interest Doctrine

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…

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The Legal Intelligencer: Kang on M&As and Attorney-Client Privilege of Selling Corporations

In Edward Kang’s March 2016 civil litigation column in The Legal Intelligencer and the Pennsylvania Law Weekly, he writes on the issue of M&As and Attorney-Client Privilege of Selling Corporations. Courts have long recognized that the attorney-client privilege extends to corporations, as in Upjohn v. United States, 449 U.S. 383 (1981).…

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The Legal Intelligencer’s Top Laterals/New Partners Supplement: Kang on Lateral Hiring and the Small, Boutique Law Firm

“Thinking about making a lateral move to a small, boutique law firm? Recruiting successful laterals is critical to any firm’s success, regardless of size, and firms consider many factors in making a lateral hire. But for a small, boutique firm, a lateral hire will have an immediate impact. While big…

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PA Law Weekly: Kang on CFAA and its impact on employer-employee litigation

PA Law Weekly:  Kang on CFAA and its impact on employer-employee litigation January 30, 2016 Throughout 2016, Edward Kang will be a regular contributor to the Pennsylvania Law Weekly and The Legal Intelligencer on civil litigation issues impacting attorneys throughout the state. This month he writes on the topic of…

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Pennsylvania Supreme Court Holds That CASPA Does Not Apply Where The Owner Is A Government Entity

In Clipper Pipe & Serv., Inc. v. Ohio Casualty Insurance Co., the Pennsylvania Supreme Court held that the Contractor and Subcontractor Payment Act, 73 P.S. §§ 501-506 (“CASPA”), does not apply to construction projects where the owner is a government entity. The United States Department of the Navy had entered…

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PA Supreme Court Ruling: Attorney Fees are Not an “Ascertainable Loss” Under the PA UTPCPL

The extent of consumer protection of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) was brought to the attention of the Supreme Court in Christina Grimes v. Enterprise Leasing Company of Philadelphia, LLC, 4 MAP 2014. The Court finally decided legal fees alone do not satisfy “any ascertainable loss”…