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Articles Posted in Legal Intelligencer

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Legal Intelligencer: Data Breach Cases: An Analysis of Standing and Best Causes of Action

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches. In the November 25, 2020 edition of  The Legal Intelligencer Edward T. Kang, managing member…

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Legal Intelligencer: Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory

In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law’s “strong presumption” against piercing the corporate veil. In the November 5,…

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Legal Intelligencer: Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope

The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale. In the October 15, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Business-Interruption Claims in the…

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Legal Intelligencer: The Future of Business Contracts Post-COVID-19

While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts. In the July 2, 2020 edition of The…

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Legal Intelligencer: Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction

When nonresident members of a corporate group, usually the parent company, should expect to be subjected to the jurisdiction of Pennsylvania courts when one of the entities, usually the subsidiary, is based or does business in the state. In the June 18, 2020 edition of The Legal Intelligencer Edward T.…

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Legal Intelligencer: Force Majeure During a Pandemic and Potential Contractual Disputes

Many businesses have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable “act of God” that has hindered the ability of parties to perform their duties as agreed. In the May 14, 2020 edition of The Legal Intelligencer Edward T.…

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Legal Intelligencer: When to Hire Outside Lawyers to Conduct an Internal Investigation: Revisited

In the April 9, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “When to Hire Outside Lawyers to Conduct an Internal Investigation: Revisited” In early November 2019, I wrote an article about the high-profile women who had called on Comcast to conduct an internal investigation regarding…

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Legal Intelligencer: Time to Reconsider Remote Depositions in the Age of COVID-19

In the March 19, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Time to Reconsider Remote Depositions in the Age of COVID-19” Remote depositions allow the deposition to proceed even though the witness is not in the same room as some or all of…

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Legal Intelligencer: Beyond the Courts: The Potential Future of Arbitration

In the January 23, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Beyond the Courts: The Potential Future of Arbitration” This recent decision has implications for how practitioners understand the court system and arbitration system to usually work, as well as raising already-existent…

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Legal Intelligencer: Five Years After ‘Daimler’: It’s All in the Specifics

In the January 2, 2020 edition of The Legal Intelligencer Edward T. Kang and Kandis L. Kovalsky co-authored “Five Years After ‘Daimler’: It’s All in the Specifics.” Major cases such as 2014’s Daimler AG v. Bauman have refined the requirements for, and in many senses restricted, the establishment of personal jurisdiction…