Edward T Kang

January 05, 2023 | The Legal Intelligencer

Those plaintiffs counsel practicing in the Third Circuit should rejoice in knowing that RICO provides a powerful tool for creditors against debtors using fraudulent means to avoid paying.

By Edward T. Kang

8 minute read

December 01, 2022 | The Legal Intelligencer

The Third Circuit has adopted a more plaintiff/relator friendly interpretation while the Eighth Circuit has reached the opposite conclusion. Until the U.S. Supreme Court settles the circuit split, choice of venue is key for those bringing claims under the Anti-Kickback statute.

By Edward T. Kang and Kandis L. Kovalsky

8 minute read

November 10, 2022 | The Legal Intelligencer

A smart and tactical choice of venue can set the stage for victory, and in a False Claims Act case, that choice may make all the difference.

By Edward T. Kang

8 minute read

October 13, 2022 | The Legal Intelligencer

In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.

By Edward T. Kang

9 minute read

September 22, 2022 | The Legal Intelligencer

An examination of the processes often undertaken to dismiss cases before trial, and the lasting effects that a decline in jury trials may have on the American legal system at large.

By Edward T. Kang

8 minute read

July 29, 2022 | The Legal Intelligencer

Throughout the past decade, the country has been battling a raging epidemic and public health crisis: opioid addiction. In 2021, over 80,000 people died from opioid overdoses. Pennsylvania has one of the highest rates of opioid overdose deaths in the country. The crisis in Pennsylvania is so severe that it is decreasing the life expectancy in the commonwealth.

By Edward T. Kang

11 minute read

June 30, 2022 | The Legal Intelligencer

Practitioners should anticipate when a witness will invoke the privilege and how to deal with or use such invocation applying the principles of fairness and reliability.

By Edward T. Kang

9 minute read

June 16, 2022 | The Legal Intelligencer

Beyond the substantive legal matters at issue, one procedural aspect of the trial has also generated significant attention; namely, that the entire proceeding was livestreamed for the public. We discuss below the pros and cons of such coverage, the history of recording devices in courtrooms, as well as provide recommendations for balancing the countervailing concerns at issue.

By Edward T. Kang and Ryan T. Kirk

9 minute read

May 12, 2022 | The Legal Intelligencer

Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different forms that veil piercing can take.

By Edward T. Kang and Ryan T. Kirk

9 minute read

April 14, 2022 | The Legal Intelligencer

The Pennsylvania Rules of Civil Procedure are modeled after their federal counterparts and share much of the same language. Both contain provisions codifying the attorney work-product doctrine, and both use the phrase "prepared in anticipation of litigation" in defining the scope of this privilege. Despite this seemingly similar language, however, a stark distinction has emerged between the two.

By Edward T. Kang and Ryan T. Kirk

9 minute read