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Edward T Kang

Edward T Kang

April 14, 2022 | The Legal Intelligencer

Anticipation and Preparation: The Scope of the Pa. Work-Product Doctrine

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

March 17, 2022 | The Legal Intelligencer

What Makes a Market, a Market, Anyway? A Look at Social Media

Whether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed.

By Edward T. Kang

9 minute read

January 20, 2022 | The Legal Intelligencer

Internal Investigations in the NFL: Lessons for Organizations Large and Small

For practitioners, these Daniel Snyder events provide helpful tips relating to how organizations both large and small should conduct internal investigations.

By Edward T. Kang and Ryan T. Kirk

10 minute read

December 23, 2021 | The Legal Intelligencer

Antitrust Law in Pennsylvania (or Lack Thereof)

The commonwealth of Pennsylvania, a notable outlier in this regard, does not have a general antitrust statute.

By Edward T. Kang and Ryan T. Kirk

9 minute read

December 02, 2021 | The Legal Intelligencer

Self-Funded Employer Health Plans: Benefits, Pitfalls and Strategies

This column will focus primarily on self-funded plans, the types of disputes that often arise relating to these plans, and suggestions for avoiding or resolving these disputes.

By Edward T. Kang and Ryan T. Kirk

9 minute read

November 04, 2021 | The Legal Intelligencer

Qui Tam Suits and Veil Piercing: A Powerful Combo for Combating Heath Care Fraud

This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context.

By Edward T. Kang and Ryan T. Kirk

9 minute read

October 14, 2021 | The Legal Intelligencer

Significant Recent Changes to the Delaware Limited Liability Company Act

This column examines these amendments, the history behind Delaware's prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations.

By Edward T. Kang

9 minute read

September 09, 2021 | The Legal Intelligencer

Enterprise Liability and When to Seek Piercing the Corporate Veil

In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim.

By Edward T. Kang and Ryan T. Kirk

9 minute read

July 22, 2021 | The Legal Intelligencer

'Cosby' and the Use of Prior Bad Acts in the Civil Litigation Context

This column will focus on the court's lengthy discussion of the Pa.R.E. 404 character testimony admitted in the case, as well as the distinguishable use of such testimony in civil suits.

By Edward T. Kang and Ryan T. Kirk

9 minute read

July 08, 2021 | The Legal Intelligencer

Protective Orders in the Age of E-Discovery

The sheer proliferation of data and associated complexity has necessitated the development of specialized software to manage and catalog this information. Data have become so complex that protocols surrounding metadata, i.e., data about data, have become a regular aspect of the discovery process.

By Edward T. Kang and Ryan T. Kirk

9 minute read