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Edward T. Kang

Edward T. Kang

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

June 24, 2021 | The Legal Intelligencer

A Primer on Pennsylvania's Participation Theory

One of the primary benefits of organizing a business as a corporation (or similar entity) is limited liability protection.

By Edward T. Kang

8 minute read

May 20, 2021 | The Legal Intelligencer

Expert Witnesses in Pa.—What Materials Matter in Forming an Opinion?

Over both of counsel's objections, the judge allowed the witness to continue with his testimony, in accordance with Pennsylvania Rules of Evidence 702 and 703 and the general acceptance test. This scenario raises the question: what materials can an expert witness rely on in Pennsylvania courts, which follows the Frye standard? And has this changed in recent years?

By Edward T. Kang

8 minute read

April 15, 2021 | The Legal Intelligencer

Holding Third Parties Liable for Their Role in Perpetuating the Opioid Crisis

The opioid epidemic was a perfect storm, caused by years of over-promotion, over-prescription and dangerous marketing campaigns. Integral to this "perfect storm" was not just the drug manufacturers' conduct, but also third parties, such as private equity and consulting companies, who all played critical roles.

By Edward T. Kang

9 minute read

March 18, 2021 | The Legal Intelligencer

The Dilemma of Lengthy 'Motion Pending' Delays in Federal Courts

We all know the phrase "justice delayed is justice denied." Recently, I have been involved in a flurry of discussions with colleagues from the Philadelphia Bar Association relating to this issue.

By Edward T. Kang

8 minute read

January 21, 2021 | The Legal Intelligencer

Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers

In reading the spate of recent antitrust actions taken against all-powerful search behemoth Google, you do not have to go very far to see damage done to businesses in our own backyard. A locally based (Paoli, Pennsylvania) search engine upstart DuckDuckGo, best known for protecting the privacy of its end-users, is one such business affected by Google's monopoly.

By Edward T. Kang

9 minute read

December 30, 2020 | The Legal Intelligencer

Arbitration Moves to the Forefront in Alleviating a Post-COVID Court Backlog

With an unprecedented backlog of criminal and civil jury trials on the horizon, rather than have frustrated clients and counsel waiting years for a resolution, an expected beneficiary of these delays will be increased by use of alternative dispute resolution (ADR), namely a push toward increased use of arbitration.

By Edward T. Kang

7 minute read

November 25, 2020 | The Legal Intelligencer

Data Breach Cases: An Analysis of Standing and Best Causes of Action

Despite the rules and security measures that many organizations put in place to protect the personal information of their clients or customers, sensitive information may still fall prey to hackers and other kinds of breaches.

By Edward T. Kang

8 minute read