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Articles Posted in Publications

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Legal Intelligencer: A Piece of the Tort(e): Tortious Interference With Expectancy of Inheritance

In the October 17, 2019 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “A Piece of the Tort(e): Tortious Interference With Expectancy of Inheritance.” While recently gaining traction in both the public eye and the legal field, the claim of tortious interference with expectancy…

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Legal Intelligencer: ‘T.M. v. Janssen Pharmaceuticals’—Lessons on Standards of Evidence

In the September 5, 2019 edition of The Legal Intelligencer, Edward T. Kang, Managing Member of Kang Haggerty wrote “‘T.M. v. Janssen Pharmaceuticals’ – Lessons on Standards of Evidence.” The value of the reinstatement of T.M. v. Janssen for lawyers is that it clarifies laws about evidence, how courts determine evidence’s…

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Legal Intelligencer: Piercing the Corporate Veil Under Pennsylvania Law

In the June 20, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “Piercing the Corporate Veil Under Pennsylvania Law.” In its simplest form, the piercing of the corporate veil is an equitable remedy available to the creditors of corporate entities to request the court…

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Legal Intelligencer: Do Directors of a Board Have Access to the Company’s Privileged Materials?

What happens when a dispute is between or among directors of the same company? Can the company use the attorney-client privilege to shield corporate materials, including any attorney-client privileged materials against a director? In an article I wrote last month on attorney-client privilege, I discussed the potential for its abuse at…

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Legal Intelligencer: Attorney-Client Privilege and Abuse of Privilege

In the April 11, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “Attorney-Client Privilege and Abuse of Privilege.” The attorney-client privilege, the oldest evidentiary privilege known to the common law, is an exception to one of the main policies behind the paramount rule of…

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NJ Law Against Discrimination Affects Drafting and Enforcement of Some NDAs

We are often asked by our clients for non-disclosure and confidentiality agreements (often referred to as NDAs) in the transactional setting as well as in litigation settlement agreements – but what if the employment contract or settlement includes provisions regarding a discrimination claim? Effective as of March 18, 2019 in…

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Edward Kang writes on finding a Niche Defending against Business Betrayals for the ABA’s Law Practice Today

“As part of my business divorce practice, I often represent one owner against other owners. People who may have once been close friends or family members now turn into ugly, bitter enemies. What started as a company with shared goals and vision has dissipated into a pool of litigation,” writes…

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Legal Intelligencer: IT Security and Policy: Why All Lawyers Must Care About It

In the March 21, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “IT Security and Policy: Why All Lawyers Must Care About It.” Several years ago, my insurance broker suggested I get cybersecurity insurance for my firm. It seemed a cybersecurity insurance policy was…

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Legal Intelligencer: US Supreme Court Settles the ‘Wholly Groundless’ Exception. Or Has It?

In the January 24, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “US Supreme Court Settles the ‘Wholly Groundless’ Exception. Or Has It?” In a recent article I co-authored, I discussed the “wholly groundless” exception to delegation clauses under the Federal Arbitration Act, “Should…

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Legal Intelligencer: Defending Officers and Directors From a Lawsuit by the Company

In the January 3, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “Defending Officers and Directors From a Lawsuit by the Company.” When a corporate director or officer is sued by a third party for alleged misconduct carried out in her capacity as director/officer,…