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
September 09, 2021 | The Legal Intelligencer
Enterprise Liability and When to Seek Piercing the Corporate VeilIn 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 ContextThis 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-DiscoveryThe 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
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