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…
Articles Posted in Publications
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…
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…
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,…
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…
Legal Intelligencer: Piercing the Corporate Veil of LLCs Under Pennsylvania Law
Piercing the veil of limited liability companies (LLCs) allows a court to disregard the separate corporate personality of the company and its member(s) to reach the assets of the members and hold them liable for all or part of the LLC’s debts under Pennsylvania law. In the September 3, 2020…
Legal Intelligencer: Civil RICO and Proximate Cause: A Tool for Defendants and Challenge for Plaintiffs
A recent decision out of the U.S. District Court for the Eastern District of Michigan underscored the RICO “proximate cause” inquiry highlighting yet another, often overlooked, complexity in litigating such cases. In the July 23, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote…
Legal Intelligencer: The Future of Business Contracts Post-COVID-19
While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts. In the July 2, 2020 edition of The…
Legal Intelligencer: Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction
When nonresident members of a corporate group, usually the parent company, should expect to be subjected to the jurisdiction of Pennsylvania courts when one of the entities, usually the subsidiary, is based or does business in the state. In the June 18, 2020 edition of The Legal Intelligencer Edward T.…
Withdrawal Liability Basics
Given the pandemic and its effect on financial markets coupled with the loss of contribution hours in certain industries, such a construction, many defined benefit pension plans have become underfunded once again. What may come as a surprise to contributing employers of multi-employer pension plans is the impact an underfunded…