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Articles Posted in Publications

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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,…

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Legal Intelligencer: Pa. Law Firms Must Learn From the Past to Improve Diversity in the Future

In the December 11, 2018 edition of The Legal Intelligencer, Tianna K. Kalogerakis, Associate of Kang Haggerty authored “Pa. Law Firms Must Learn From the Past to Improve Diversity in the Future.” After nearly 175 years, there is still much progress to be made in law firm diversity. The Philadelphia…

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Have the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?

In the November 29, 2018 edition of The Legal Intelligencer Edward Kang, Managing Member of Kang Haggerty and Kandis Kovalsky, Associate of Kang Haggerty, co-authored “Have the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?” The Defend Trade Secrets Act (DTSA), 18 U.S.C. Section 1836, et seq., which…

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Legal Intelligencer: When Noncompete Agreements Involve Competing Laws

In the November 8, 2018 edition of The Legal Intelligencer, Edward T. Kang, Managing Member of Kang Haggerty and Kandis Kovalsky, Associate of Kang Haggerty, co-authored “When Noncompete Agreements Involve Competing Laws.” These days, it is common for companies headquartered or principally located in one city and state to have…

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Legal Intelligencer: Why Lawyers Should Care About Emojis

In the October 18, 2018 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty and Kandis Kovalsky, Associate of Kang Haggerty, co-authored, “Why Lawyers Should Care About Emojis.“ Today, there are close to 3,000 emojis in the Unicode Standard. As such, people can communicate a lot more…

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Firm FinCEN’s Customer Due Diligence Rule and Implementation

In the September 2018 edition of the National Association of Minority and Women Owned Law Firms (“NAMWOLF”) Newsletter, Jacklyn Fetbroyt,  Member of Kang Haggerty, writes Firm FinCEN’s Customer Due Diligence Rule and Implementation. In 2016, the Financial Crimes Enforcement Network (FinCEN) issued its final rule on customer due diligence and beneficial…