An examination of the processes often undertaken to dismiss cases before trial, and the lasting effects that a decline in jury trials may have on the American legal system at large. In the September 22, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “The Disappearing Jury Trial and…
Articles Posted in Publications
Legal Intelligencer: Individual Liability in the Opioid Epidemic: An Examination of Recent Developments
Throughout the past decade, the country has been battling a raging epidemic and public health crisis: opioid addiction. In 2021, over 80,000 people died from opioid overdoses. Pennsylvania has one of the highest rates of opioid overdose deaths in the country. The crisis in Pennsylvania is so severe that it…
Legal Intelligencer: Nonparty Witness Invoking the Fifth Amendment Privilege in a Civil Case
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…
Legal Intelligencer: ‘Depp v. Heard’: Public Trials and the Social Media Era
Beyond 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…
Legal Intelligencer: Enterprise Liability and When to Seek Piercing the Corporate Veil, Part II
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…
Legal Intelligencer: Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine
In 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…
Legal Intelligencer: What Makes a Market, a Market, Anyway? A Look at Social Media
Whether 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…
Legal Intelligencer: Internal Investigations in the NFL: Lessons for Organizations Large and Small
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 of Kang Haggerty co-authored “Internal Investigations in the NFL: Lessons for Organizations Large and Small.” Daniel…
A National Court for National Relief: Centralizing Requests for Nationwide Injunctions in the D.C. Circuit
Tennessee Law Review, Spring 2021 88 Tenn. L. Rev. 515 Kang Haggerty associate Ryan Kirk served as co-author of this article.
Legal Intelligencer: Self-Funded Employer Health Plans: Benefits, Pitfalls and Strategies
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. In the December 2, 2021 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Self-Funded Employer Health Plans: Benefits, Pitfalls…