Kang Haggerty Newsby The YL Editorial Board
Articles Posted in Publications
Legal Intelligencer: Edward T. Kang on Being Careful What You Say in Settlement Discussions
In the July 27, 2017 edition of The Legal Intelligencer, Kang Haggerty Managing Member Edward T. Kang writes on Being Careful What You Say in Settlement Discussions.
Be Careful What You Say in Settlement Discussions
By Edward T. Kang
Legal Intelligencer: Edward T. Kang on How to Effectively Work With Millennials as Employees and Clients
In 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
Defend Trade Secrets Act of 2016—One-Year Later, Now What?
“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” by Edward T. Kang | Legal Intelligencer
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 ›
Legal Intelligencer: Williams Indictment: Disappointing End to a Promising Start
by The YL Editorial Board
I (Think) I’m Ready for My First Trial. Do I want a Jury or Nonjury Trial?
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
Class Action Rule Changes Are (Likely) Coming to Federal Courts
In August of this year, the Judicial Conference Advisory Committee on Rules of Civil Procedure released a preliminary draft of proposed amendments to the Federal Rules of Civil Procedure. Perhaps the most notable of the proposed amendments are those relating to Rule 23, which governs class actions. Rule 23 has been substantively amended four times since its adoption in 1937, and most recently in 2003. The proposed amendments affect the following aspects of Rule 23: method of notice to class members, settlement approval, objections of class members to settlement and appeals.
Notice
The proposal includes an amendment to Rule 23(c)(2)(b) to clarify the proper methods of notice to class members of a class certified under Rule 23(b)(3) (common questions of law or fact predominate over those pertinent to only individual class members and the class action is superior to other forms of action). Currently, Rule 23(c)(2)(b) requires notice by “the best notice that is practicable under the circumstances,” which could plausibly be read to permit notice through electronic or other means. But many courts have stated that this subsection of the rule requires notice by first class mail. The proposed amendment would clear up this confusion by allowing notice to be perfected “by United States mail, electronic means, or other appropriate means.” This proposed amendment is meant to clarify that modern methods of communication, such as email and social media, are permissible means of providing notice to class members. The proposed amendment reflects the reality that many people do not check their U.S. mail as regularly as they used to before the advent of electronic mail.
Accountants Have No Duty of Care Toward Third-Party Investors, or Do They?
In 2001, Anderson was one of the “Big Five” public accounting firms. Founded by Arthur Anderson, whose motto was “think straight, talk straight.” The Anderson firm was one of the most respected accounting firms in the world. A year later, Anderson was found guilty of obstructing justice for destroying Enron’s financial documents. Anderson shut its doors in the United States that same year and surrendered its licenses to practice certified public accounting. A few years later, Anderson settled with various Enron investors who brought claims against Anderson for its role in the Enron fraud. Since the Enron/Anderson scandal, the law relating to an accountant’s duty to nonclients has changed.
Traditionally, an accountant owes no duty to a nonclient. For instance, an accountant who prepares a financial statement containing material misrepresentation would not be liable to a nonclient, such as a bank, who relied on the financial statement to its detriment. As seen in the Enron/Anderson case, however, the landscape of accountant liability is changing. If the accountant aided in the commission of the fraud, or where the accountant knew the third-party nonclient (e.g., a bank) would be relying on the statements, the accountant may be liable to the nonclient.
Aiding and Abetting a Fraud
Diversity and Its Impact on the Legal Profession
Law Practice Today