Articles Posted in Business Litigation and Dispute Resolution

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Donner-272x300Kang Haggerty LLC is pleased to announce that Henry Donner, Of Counsel, has been selected for inclusion in The Best Lawyers in America 2018, one of the most respected peer-review publications in the profession.

Donner is once again named to the list for his well-regarded construction law practice.

Best Lawyers was founded in 1983 and is published in 70 countries and all 50 states. Its methodology employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. The 24th edition of The Best Lawyers in America highlights the top 5% of practicing attorneys in the United States, based on more than 7.4 million evaluations, recognizing attorneys in 140 practice areas.

Edward T. Kang, EsquireIn the June 22, 2017 edition of The Legal Intelligencer, Kang Haggerty Managing Member Edward T. Kang writes on How to Effectively Work With Millennials as Employees and Clients.

How to Effectively Work With Millennials as Employees and Clients

By Edward T. Kang

Kang Haggerty LLC, a boutique business litigation firm with offices in Philadelphia, PA and Cherry Hill, NJ, congratulates Henry Donner, Of Counsel, on being selected as a notable practitioner for construction law in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business.

According to Chambers:  “The ‘outstanding’ Henry Donner is a highly experienced attorney who comes recommended for his work on behalf of architects, developers, contractors and engineers. He provides assured counsel in cost disputes and design error cases.”

Chambers notes that with Donner’s prior firm, his construction law team was known for “offering expertise on all aspects of the construction development process, including contract negotiations and litigation. Possesses extensive experience representing a broad client base, consisting of managers, contractors and design professionals.”

“Defend Trade Secrets Act of 2016—One-Year Later, Now What?” by Edward T. Kang | Legal Intelligencer

Following its enactment on May 11, 2016, there have been many cases filed in the US District Courts under the Defend Trade Secrets Act (DTSA). In this publication with The Legal Intelligencer, Edward T. Kang discusses notable developments relating to the DTSA – such as the private right of action arising from a trade secret misappropriation that occurred before but continues after the act’s enactment, which is drastically different from the Uniform Trade Secrets Act adopted by most of the states.

Click here to read the full article about the updates on the DTSA.

Act 170 Changes the Business Landscape in Pennsylvania

Act 170 effects significant change to the litigation landscape for both practitioners and LLC members. In this Legal Intelligencer publication, Edward Kang discusses the rights of a limited liability company (LLC) member to sue other members either directly or derivatively on behalf of the company.  Continue reading ›

HD-Head-Shot-200x300Philadelphia, PA (April 3, 2017):  Henry J. Donner, an accomplished construction law practitioner and formerly name shareholder at Jacoby Donner, has joined Kang Haggerty LLC (KH), a business litigation boutique with offices in Philadelphia, PA and Cherry Hill, NJ.

“While it is a bittersweet moment for me to see the dissolution of Jacoby Donner, it is with great excitement that I join a vibrant business litigation and transaction law firm in Philadelphia where my practice and clients can continue to thrive,” said Donner, who will be Of Counsel at Kang Haggerty.

Donner’s experience over nearly 40 years of practice includes counseling and representing those in the construction industry: real estate developers, condominium associations, contractors, subcontractors, architects/engineers, and construction contractor associations. His practice also includes real estate, estate planning & administration, multi-employer ERISA plans, and labor law.

In his April 2016 civil litigation column in The Legal Intelligencer and the Pennsylvania Law Weekly, Edward T. Kang discusses and compares the relative merits of jury and bench trials based on analysis of data and comparative studies on the outcome of cases categorized by choice of fact-finder. While jury trials may seem the norm according to the media, bench trial is the less publicized alternative that lawyers and their clients must also consider. Learn more about the consequences of this pivotal decision: jury or no jury?  READ MORE

The common interest doctrine (CID), also known as the community-of-interest doctrine, is an exception to the general rule that attorney-client privilege (ACP) is waived when privileged information is shared with a third party. The CID allows attorneys representing different clients with the same or substantially similar legal interests to agree to (and do) share privileged information without waiving the ACP.

For the CID to apply, (1) there must generally be co-parties (that is, co-plaintiffs or co-defendants—but the CID may also apply to communications between parties and nonparties, and sometimes in nonlitigation matters), (2) the co-parties must be represented by separate counsel (the CID is different from the co-client (or joint-client) privilege, which applies when multiple clients hire the same attorney to represent them on a matter of common interest), and (3) the co-parties must share a common legal interest, not merely a common commercial interest. Courts are divided on whether interests must be legally identical or somewhat less than that, such as substantially similar. And, of course, there must be an agreement among attorneys to share information.

If the above requirements are met, separate counsel for separate parties (or clients) may share information without waiving the ACP. In other words, the CID only protects communications between counsel, not between parties. Communications between parties are protected under the CID, however, if counsel is present during the communications. Continue reading ›

On March 22, 2016, Kang Haggerty client Vizant Technologies received a $2.25 million judgment in the United States District Court for the Eastern District of Pennsylvania.

In the case, Vizant Technologies, LLC, et al. v. Julie P. Whitechurch, et al., Vizant asserted claims for breach of contract, defamation, and tortious interference with existing and prospective business relationships.

Continue reading ›

PA Law Weekly:  Kang on CFAA and its impact on employer-employee litigation

January 30, 2016

Throughout 2016, Edward Kang will be a regular contributor to the Pennsylvania Law Weekly and The Legal Intelligencer on civil litigation issues impacting attorneys throughout the state. This month he writes on the topic of the CFAA and its impact on employer-employee litigation.

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