June 30, 2022 | The Legal Intelligencer
Nonparty Witness Invoking the Fifth Amendment Privilege in a Civil CasePractitioners 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
'Depp v. Heard': Public Trials and the Social Media EraBeyond 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
Enterprise Liability and When to Seek Piercing the Corporate Veil, Part IIBecause 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
Anticipation and Preparation: The Scope of the Pa. Work-Product DoctrineThe 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 MediaWhether 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 SmallFor 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 StrategiesThis 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 FraudThis 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 ActThis 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
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