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…
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…
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…
“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…
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…
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…
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,…
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…
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…
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…