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Articles Posted in Publications

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Legal Intelligencer: Protective Orders in the Age of E-Discovery

In the July 8, 2021 edition of The Legal Intelligencer Edward T. Kang 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…

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Legal Intelligencer: A Primer on Pennsylvania’s Participation Theory

In the June 24, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty, wrote “A Primer on Pennsylvania’s Participation Theory.” One of the primary benefits of organizing a business as a corporation (or similar entity) is limited liability protection. By establishing the corporation as a…

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Legal Intelligencer: Expert Witnesses in Pa.—What Materials Matter in Forming an Opinion?

Over both of counsel’s objections, the judge allowed the witness to continue with his testimony, in accordance with Pennsylvania Rules of Evidence 702 and 703 and the general acceptance test. This scenario raises the question: what materials can an expert witness rely on in Pennsylvania courts, which follows the Frye…

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Law Practice Today: Zoom Court Appearances: Rising to the Occasion While Seated

In the April 2021 Young Lawyers Issue of Law Practice Today, Kandis Kovalsky wrote “Zoom Court Appearances: Rising to the Occasion While Seated” On March 13, 2020, a national emergency was declared in the United States as a result of the COVID-19 pandemic. Instantly, courts across the country were shuttered.…

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Legal Intelligencer: Holding Third Parties Liable for Their Role in Perpetuating the Opioid Crisis

The opioid epidemic was a perfect storm, caused by years of over-promotion, over-prescription and dangerous marketing campaigns. Integral to this “perfect storm” was not just the drug manufacturers’ conduct, but also third parties, such as private equity and consulting companies, who all played critical roles. In the April 15, 2021…

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Legal Intelligencer: The Dilemma of Lengthy ‘Motion Pending’ Delays in Federal Courts

In the March 18, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “The Dilemma of Lengthy ‘Motion Pending’ Delays in Federal Courts.” We all know the phrase “justice delayed is justice denied.” Recently, I have been involved in a flurry of discussions with…

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Legal Intelligencer: Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers

In the January 21, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers.” In reading the spate of recent antitrust actions taken against all-powerful search behemoth Google, you do not have to go very…

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Legal Intelligencer: Data Breach Cases: An Analysis of Standing and Best Causes of Action

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches. In the November 25, 2020 edition of  The Legal Intelligencer Edward T. Kang, managing member…

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Legal Intelligencer: Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory

In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil. In the November 5,…

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Legal Intelligencer: Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope

The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale. In the October 15, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Business-Interruption Claims in the…