Kang Haggerty NewsOn Monday, August 24th Kang Haggerty Associate Tianna Kalogerakis joins Judge Ann M. Butchart, Anjelica Hendricks, Stephen Kulp and Jennifer Coatsworth to present a CLE on professional inclusion. The CLE, Professional Inclusion: Sexual Orientation, Gender Identity and Rule 8.4(G), Prohibiting Discrimination “In The Practice of Law,” will address the June 8, 2020 Pennsylvania Supreme Court ruling, diversity training on the same and a lawsuit recently filed to prevent its implementation. The CLE is moderated by Amanda J. Dougherty and is co-hosted by the Philadelphia LGBTQ Bar Association and the Barristers Association of Philadelphia. 50% of the proceeds will be donated to the National Black Justice Coalition.
Legal Intelligencer: Civil RICO and Proximate Cause: A Tool for Defendants and Challenge for Plaintiffs
A recent decision out of the U.S. District Court for the Eastern District of Michigan underscored the RICO “proximate cause” inquiry highlighting yet another, often overlooked, complexity in litigating such cases.
In the July 23, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Civil RICO and Proximate Cause: A Tool for Defendants and Challenge for Plaintiffs.”
In March 2018, I authored a column on civil RICO claims brought under 18 U.S.C. Section 1962(a) and (b). In that space, I explained the complexity of those sections within RICO cases. A recent decision out of the U.S. District Court for the Eastern District of Michigan underscored the RICO “proximate cause” inquiry highlighting yet another, often overlooked, complexity in litigating such cases.
The Washington Post gets Edward Kang’s take on Washington NFL Internal Review process
In the July 23, 2020 edition of The Washington Post, national sports reporter Adam Kilgore gets Edward Kang’s take on how can the Washington NFL team’s internal review be independent? Legal experts weigh in..
An inherent question looms over the Washington NFL team’s investigation of its workplace culture: If owner Daniel Snyder is paying the law firm tasked with inspecting his franchise, how can the ensuing report be considered independent, as Snyder insists it will be?
The article centers on Snyder’s hiring of D.C. attorney Beth Wilkinson to conduct an internal review of the team’s culture, in the aftermath of a Post report about 15 women who alleged sexual harassment while working for the franchise.
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 Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “The Future of Business Contracts Post-COVID-19.”
Recently, I authored a column on force majeure clauses. In that space, I explained how many businesses have recently been turning to force majeure clauses in their contracts for protection in light of the COVID-19 pandemic. 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.
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. Kang, managing member of Kang Haggerty wrote “Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction.”
Last June, in this space, I authored a column about Pennsylvania law on substantive and procedural aspects of piercing the corporate veil of companies to reach the assets of their shareholders or the assets of a parent company in corporate groups. In early January 2020, I wrote a column about the development of Pennsylvania law on establishing personal jurisdiction over registered nonresident businesses since the Supreme Court’s decisions in. In this case, I address the intersection of those two related columns in cases involving corporate groups. That is, 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.
COVID-19 UPDATES: An Introduction to PPP Flex Act
On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPP Flex”) was signed into law. PPP Flex was designed to limit some of the restrictions and provide clarification for the original Paycheck Protection Program (“PPP”).
Notably, PPP Flex grants borrowers additional time to incur costs that count towards PPP loan forgiveness, reduces the portion of cost that must be allocated to payroll cost, and provides additional exemption from the Coronavirus Aid Relief, and Economic Security Act (the CARES Act”), the legislation that authorized PPP.
The CARES Act provides that some or all of the borrower’s PPP loan maybe forgiven based on the cost and payments made during what is called the “Cover Period.” The Cover Period begins when the PPP loan is disbursed or, if the borrower elects, from the start of the first regular payroll after the PPP loan is first disbursed. The Cover Period was originally set to be eight (8) weeks; however, under the PPP Flex, the Cover Period may be extended to the earlier of twenty-four (24) weeks after the loan origination or December 31, 2020. Nothing precludes an existing PPP loan borrower from using the original 8-week Cover Period. Under PPP Flex, the percentage that the borrower must use for payroll costs to be eligible for forgiveness was reduced. With the SBA’s final interim rule setting the percentage at 75%, legislators have reduced the amount to 60%, such that now 40% of the loan may be used (during the Cover Period) for certain permitted non-payroll costs such as mortgage interest, rent and utilities. PPP Flex also extends the original 6-month deferral period to up to 10 months after the applicable Covered Period, and extends the maturity date of unforgiven portions of the loans to five (5) years from the date of the forgiveness application.
Kang Haggerty to Close Offices Early to Recognize Juneteenth
Kang Haggerty LLC will close its offices at 2 p.m. local time on Friday, June 19, 2020 in recognition of Juneteenth—the holiday which commemorates the ending of slavery in America.
“These past few weeks have raised the sense of urgency in addressing social injustice,” said Kang Haggerty managing member Edward T. Kang. “As a law firm built on diversity and inclusion, we join with our community in taking time off to reflect on the continuing issue of racism in this country.”
Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Dating back to 1865, it was on June 19th that the Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free.
COVID-19 UPDATES: NJ Extension of Property Tax Appeals
On May 28th, New Jersey Governor Phil Murphy signed legislation A4157, which temporarily extends the deadline for filing property tax appeals and processing decisions in those cases. The legislature believed that, due to the current pandemic, many people were unable to file the appeals by usual April 1 or May 1, 2020 deadlines. As such, the deadline to file an appeal of the assessment of real property is extended to July 1, 2020. The deadline for county boards of taxation to render decisions in tax appeal cases has also been extended, to September 30, 2020. This bill does not apply to certain tax appeals, such as in counties participating in the Demonstration Program or operating under Property Tax Assessment Reform Act. This bill will go into effective immediately and will be applied retroactively to April 1, 2020.
Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown.
In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.
Withdrawal Liability Basics
Given the pandemic and its effect on financial markets coupled with the loss of contribution hours in certain industries, such a construction, many defined benefit pension plans have become underfunded once again. What may come as a surprise to contributing employers of multi-employer pension plans is the impact an underfunded pension plan can have on their business upon withdrawal from the plan. Employers should be aware of withdrawal liability and how to minimize its financial consequences. Continue reading ›
Are you prepared for Post COVID-19 Litigation?
With Complaints Rapidly Increasing across the U.S., Now is the time to act
As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where Kang Haggerty regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey. Continue reading ›