Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different…
Articles Posted in Legal Intelligencer
Legal Intelligencer: Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine
In the April 14, 2022 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine.” The Pennsylvania Rules of Civil Procedure are modeled after their federal counterparts and share much of the same language. Both contain provisions codifying…
Legal Intelligencer: What Makes a Market, a Market, Anyway? A Look at Social Media
Whether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed. In the March 17, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “What Makes…
Legal Intelligencer: Internal Investigations in the NFL: Lessons for Organizations Large and Small
For practitioners, these Daniel Snyder events provide helpful tips relating to how organizations both large and small should conduct internal investigations. In the January 20, 2022 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Internal Investigations in the NFL: Lessons for Organizations Large and Small.” Daniel…
Legal Intelligencer: Self-Funded Employer Health Plans: Benefits, Pitfalls and Strategies
This column will focus primarily on self-funded plans, the types of disputes that often arise relating to these plans, and suggestions for avoiding or resolving these disputes. In the December 2, 2021 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Self-Funded Employer Health Plans: Benefits, Pitfalls…
Legal Intelligencer: Qui Tam Suits and Veil Piercing: A Powerful Combo for Combating Health Care Fraud
This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context. In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Qui Tam Suits…
Legal Intelligencer: Significant Recent Changes to the Delaware Limited Liability Company Act
This column examines these amendments, the history behind Delaware’s prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations. In the October 14, 2021 editions of The Legal Intelligencer and the Delaware Business Court Insider Edward T. Kang, managing member of Kang Haggerty wrote “Significant…
Legal Intelligencer: Enterprise Liability and When to Seek Piercing the Corporate Veil
In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim. In the September 9, 2021 edition of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Enterprise Liability and When to Seek…
Legal Intelligencer: ‘Cosby’ and the Use of Prior Bad Acts in the Civil Litigation Context
In the July 22, 2021 edition of The Legal Intelligencer Edward T. Kang of Kang Haggerty co-authored “‘Cosby’ and the Use of Prior Bad Acts in the Civil Litigation Context.” On June 30, the Pennsylvania Supreme Court authored another chapter in the saga of Philadelphia native Bill Cosby. With a…
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…