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.
By Edward T. Kang
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.
By Edward T. Kang
“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 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 ›
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
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.
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 ›
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.
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.
“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
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