Placement, An Easy Means to Raise A Junior Attorney’s Profile
It takes time for a new attorney to gain the experience necessary to be competent on specific areas of law. Once new attorneys gain that experience, often they are the least senior voice on a given topic and public speaking opportunities are afforded to more tenured attorneys with expertise.
A lack of expertise on a subject matter does not however, preclude newer attorneys from participating in public speaking events. Namely, newer or junior attorneys need not be experts to competently moderate a panel discussion or publicly interview an expert on a given subject area, and these opportunities can raise the profile of a newer attorney. These opportunities are of particular significance for minorities who are often underrepresented in the legal profession. Seasoned attorneys who are mentors or sponsors to junior attorneys should seek to “place” their mentees in these moderator or interviewer roles to increase a group’s recognition of the new attorney as these roles often are accompanied by promotional materials or articles summarizing the event and can be featured on the junior associate’s profile.
I have twice had the opportunity to moderate panel discussions; once as a member of the Temple Law Alumni Women’s Leadership Initiative, and a second time at the 2019 Philly SHRM Symposium. Both times, these opportunities were presented to me through my longtime sponsor and friend Sheryl Axelrod, Esquire who is a diversity expert. Continue reading ›
Kang Haggerty’s Henry Donner again recognized as Senior Statesman for Construction Law in 2019 Chambers USA
Kang Haggerty LLC, a boutique business litigation firm with offices in Philadelphia, PA and Marlton, NJ, is proud to once again congratulate Henry Donner, Of Counsel, named the Senior Statesman for construction lawyers in Pennsylvania in the 2019 edition of Chambers USA.
As the only senior statesman for the construction law practice in the state, Chambers USA calls Donner an “Excellent lawyer…a seasoned expert in the construction community. His clients include developers, condominium associations, contractors, subcontractors and design professionals. They appreciate his abilities to ‘cut to the heart of the problem and not get sidetracked’ and ‘to listen to what your needs are and act accordingly.’
Legal Intelligencer: Attorney-Client Privilege and Abuse of Privilege
In the April 11, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “Attorney-Client Privilege and Abuse of Privilege.”
The attorney-client privilege, the oldest evidentiary privilege known to the common law, is an exception to one of the main policies behind the paramount rule of evidence that relevant evidence is admissible at trial. In this regard, the attorney-client privilege is an obstruction to the search for the truth. The privilege protects confidential attorney-client communications made for the purposes of obtaining legal advice. While many attorney-client communications are confidential, they are not privileged unless they were made for obtaining legal advice. The attorney-client privilege is designed to facilitate free attorney-client communications without the fear of unwanted disclosure so that clients can receive competent legal advice from their lawyers. Continue reading ›
NJ Law Against Discrimination Affects Drafting and Enforcement of Some NDAs
We are often asked by our clients for non-disclosure and confidentiality agreements (often referred to as NDAs) in the transactional setting as well as in litigation settlement agreements – but what if the employment contract or settlement includes provisions regarding a discrimination claim?
Effective as of March 18, 2019 in New Jersey, lawyers must be wary of employment or settlement agreements that include any provision that “has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment.” If a provision is contained in a settlement agreement to which the New Jersey Law Against Discrimination (NJLAD) applies, it is unenforceable against the employee. If the employee chooses to reveal claim specifics in a way that the employer is “reasonably identifiable,” the employer may likewise reveal formerly confidential information. In fact, such settlement agreements must contain a bold, prominently placed notice that “although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” Continue reading ›
Jackie Fetbroyt presents on Business Contracts in 10 Simple Steps for NBI
On April 18, 2019, Kang Haggerty member Jackie Fetbroyt will be a featured speaker for NBI’s Business Contracts in 10 Simple Steps for the National Business Institute. The CLE will take place at the Hilton Garden Inn Philadelphia Center City, 1100 Arch Street, from 9 am until 4:30 pm.
In this comprehensive seminar on business contracts, you’ll get real-world pointers on how to draft, review and negotiate business contracts in 10 simple steps. Acquire the skills you need to avoid risk, minimize liabilities, ensure enforceability and maximize protections. Don’t miss out on this practical program that will equip you with the foundational aspects of contracts every business attorney needs to know. Continue reading ›
Edward Kang writes on finding a Niche Defending against Business Betrayals for the ABA’s Law Practice Today
“As part of my business divorce practice, I often represent one owner against other owners. People who may have once been close friends or family members now turn into ugly, bitter enemies. What started as a company with shared goals and vision has dissipated into a pool of litigation,” writes Kang Haggerty managing member Edward T. Kang in the March 2019 edition of the American Bar Association’s Law Practice Today (LPT) webzine. In Finding a Niche Defending against Business Betrayals, Kang discusses his firm’s niche practice representing Officers and Directors in these often-complicated business disputes. Continue reading ›
Legal Intelligencer: IT Security and Policy: Why All Lawyers Must Care About It
In the March 21, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty wrote “IT Security and Policy: Why All Lawyers Must Care About It.”
Several years ago, my insurance broker suggested I get cybersecurity insurance for my firm. It seemed a cybersecurity insurance policy was unnecessary, not much different from having an undercoating for a new car. That was then. Now, the benefits of having a cybersecurity insurance policy are not reasonably in dispute these days. In addition to having the security of insurance, another (and more important) benefit of getting a cybersecurity insurance policy was the requirement that I have an IT security and breach policy that deals with how to prevent a security breach and what to do if there is a security breach. While getting a cybersecurity insurance policy may still remain an option for many, having an IT security policy describing detailed procedures to protect against a cybersecurity attack (and what to do when the system is breached) is a must.
Need for Cybersecurity Measures
Social Media and the SEC: Elon Musk is Still Tweeting
Social media continues to grow as the powerhouse of information flow in modern times, and while it often seems no one is policing the content and fact and fiction are often indistinguishable, the SEC is policing the statements of at least one social media influencer, Elon Musk. After Musk tweeted in August of 2018 that he had secured financing to take Tesla private at $420 per share, the SEC filed a complaint alleging that his tweets comprised a series of “false and misleading statements” to his millions of followers. The resulting court-approved settlement, reached in October, stipulated that Musk had to seek pre-approval of any written communications – including social media posts – that contained or reasonably could contain information material to Tesla or its shareholders. In connection with the settlement, Tesla and Musk were each required to pay $20 million to the SEC.
Just days ago, Musk was back under scrutiny, having tweeted, “Tesla made 0 cars in 2011, but will make around 500k in 2019” without pre-approval from his counsel and for that, the SEC filed an enforcement motion seeking to have Musk held in contempt. Continue reading ›
Kang Haggerty Sponsors Voorhees Business Association Bowling Fundraiser
Member Jackie Fetbroyt sits on the board of the Voorhees Business Association and chairs the Bowling Fundraising Event Committee. Kang Haggerty is a proud “Spare” sponsor, and looks forward to the event on April 5, 2019 at The Big Event in Cherry Hill, NJ. Learn more about the event and the VBA’s philanthropic activities in this video.