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…
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…
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…
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…
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…
In the June 24, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty, wrote “A Primer on Pennsylvania’s Participation Theory.” One of the primary benefits of organizing a business as a corporation (or similar entity) is limited liability protection. By establishing the corporation as a…
Over both of counsel’s objections, the judge allowed the witness to continue with his testimony, in accordance with Pennsylvania Rules of Evidence 702 and 703 and the general acceptance test. This scenario raises the question: what materials can an expert witness rely on in Pennsylvania courts, which follows the Frye…
The opioid epidemic was a perfect storm, caused by years of over-promotion, over-prescription and dangerous marketing campaigns. Integral to this “perfect storm” was not just the drug manufacturers’ conduct, but also third parties, such as private equity and consulting companies, who all played critical roles. In the April 15, 2021…
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…
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…