Edward T. Kang

May 18, 2017 | The Legal Intelligencer

Last June, I published an article in The Legal explaining the then newly enacted Defend Trade Secrets Act of 2016 (DTSA). The article focused on the impact the DTSA would have on trade secret litigation. This article discusses a couple of notable developments involving the DTSA in the year since its enactment.

By Edward T. Kang

15 minute read

April 13, 2017 | The Legal Intelligencer

Hearsay, arguably the most complex rule of evidence, governs the admissibility of second-hand statements before the trier of fact. In addition to its evidentiary effect, hearsay also has a dramatic impact in court. For some reason, jurors seem to pay more attention when a lawyer objects based on hearsay.

By Edward T. Kang

14 minute read

March 30, 2017 | The Legal Intelligencer

There has been much debate about whether a member of a limited liability company has standing to bring a direct action against another member of the company. Many argue that such a member can bring only a derivative claim on behalf of the company. Others disagree, arguing that a member can bring a direct action against another member in addition to a derivative action.

By Edward T. Kang

17 minute read

January 26, 2017 | The Legal Intelligencer

Trial is without a doubt the most exciting part of being a trial lawyer—at least, that is true for me, who practices business cases mostly for plaintiffs. Hollywood seems to agree with this notion as the most exciting part (or, the more dramatic part) of legal movies is frequently a trial scene. Movies such as "To Kill A Mocking Bird," "The Verdict" and "Philadelphia" immediately come to mind. One commonality among these (and many other great legal) movies, and what makes these movies more exciting, is that they all have dramatic jury trial scenes.

By Edward T. Kang

15 minute read

November 10, 2016 | The Legal Intelligencer

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.

By Edward T. Kang

15 minute read

October 20, 2016 | The Legal Intelligencer

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.

By Edward T. Kang

15 minute read

May 24, 2016 | The Legal Intelligencer

Businesses invest time and money to develop their business procedures, relationships and information, such as marketing strategies, customer information, pricing strategies, and future business development initiatives. These models and information provide businesses a competitive edge, and employers have a strong incentive to guard such assets and protect their businesses by all means reasonably necessary. Employers can typically accomplish this through using a combination of nondisclosure agreements, nonsolicitation agreements, and other restrictive covenants.

By Edward T. Kang

8 minute read

April 16, 2016 | The Legal Intelligencer

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.

By Edward T. Kang

16 minute read

March 27, 2016 | The Legal Intelligencer

Courts have long recognized that the attorney-client privilege extends to corporations, as in Upjohn v. United States, 449 U.S. 383 (1981).

By Edward T. Kang

16 minute read

January 30, 2016 | The Legal Intelligencer

Changing jobs has become the norm in the modern age. Gone are the days where one spent her entire career at a single company. With more and more people changing jobs, often joining forces with competitors who offer more money or better opportunity, many employers end up unhappy, even angry.

By Edward T. Kang

8 minute read