Legal Intelligencer Tag Archives — Page 10 of 10

The Legal Intelligencer’s Women in the Profession Roundtable

December 7, 2016 | Kang Haggerty LLC

Kang Haggerty founding member Jacklyn Fetbroyt was invited to participate in The Legal Intelligencer’s Women in the Profession Roundtable, featured in the publication’s November 2016 “Top Women in Law” special supplement.

The roundtable, moderated by Morgan Lewis chair Jami McKeon, addressed issues that included recruitment and retention of female lawyers, gender equality issues, work-life balance and challenges facing women at law firms today.

The editorial staff of The Legal has always been aware that the hiring and retention of female attorneys is an ongoing issue in the legal community. In an effort to discuss some of the specific problems facing female attorneys and present potential solutions to those problems, we invited 11 practitioners to talk about how to bolster the role of women in the law. This year the panelists tackled issues such as work-life balance, equal pay and the lack of positive change and opportunities for women in the legal profession.

Be Careful Before Relying on the Common Interest Doctrine

April 18, 2016 | Edward T. Kang

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 ›

Fetbroyt Featured in Women in the Profession Roundtable

April 1, 2016 | Kang Haggerty LLC

Kang Haggerty founding member Jacklyn Fetbroyt was selected to participate in a Women in the Profession Roundtable discussion that took place at the American Lawyer Media offices in Philadelphia. The conversation will be published in an upcoming Woman in the Profession supplement in The Legal Intelligencer. Among the issues discussed were recruitment and retention of female lawyers, gender equality issues, work-life balance and challenges facing women at law firms today. The roundtable was moderated by Jami McKeon, Chair of Morgan Lewis.

The Legal Intelligencer: Kang on M&As and Attorney-Client Privilege of Selling Corporations

April 1, 2016 | Edward T. Kang

In Edward Kang’s March 2016 civil litigation column in The Legal Intelligencer and the Pennsylvania Law Weekly, he writes on the issue of M&As and Attorney-Client Privilege of Selling Corporations.

Courts have long recognized that the attorney-client privilege extends to corporations, as in Upjohn v. United States, 449 U.S. 383 (1981). Because a corporation can act only through its agents, usually officers, a corporation’s attorney-client privilege generally applies to communications between the corporation’s authorized agents and counsel. As the U.S. Supreme Court explained in Upjohn, however, it is the corporation that holds the corporate attorney-client privilege, not individual officers.

The Legal Intelligencer’s Top Laterals/New Partners Supplement: Kang on Lateral Hiring and the Small, Boutique Law Firm

March 23, 2016 | Kang Haggerty LLC

“Thinking about making a lateral move to a small, boutique law firm? Recruiting successful laterals is critical to any firm’s success, regardless of size, and firms consider many factors in making a lateral hire. But for a small, boutique firm, a lateral hire will have an immediate impact. While big law firms can hire in large numbers and count on the laws of attrition to weed out the good from the bad hires, it is critical that small, boutique firms make the right calls—for the sake of both the law firm and the lateral,” writes Edward Kang in an article on lateral hiring as part of The Legal Intelligencer’s Top Laterals/New Partners supplement.

In the feature, Edward addresses some of the considerations to keep in mind when comparing a small, boutique law firm to a big firm; the importance of understanding the business of law; and the need for an appropriate business plan. Learn more about what Kang Haggerty looks for in a lateral and what a lateral should consider from a jump to a new law firm…READ MORE

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

February 4, 2016 | Kang Haggerty LLC

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.