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Edward T. Kang

Edward T. Kang

November 05, 2020 | The Legal Intelligencer

Pa. Supreme Court to Review Veil-Piercing Appeal Based on Enterprise Theory

In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law's "strong presumption" against piercing the corporate veil.

By Edward T. Kang

9 minute read

October 15, 2020 | The Legal Intelligencer

Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope

The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale.

By Edward T. Kang

7 minute read

September 03, 2020 | The Legal Intelligencer

Piercing the Corporate Veil of LLCs Under Pennsylvania Law

Piercing the veil of limited liability companies (LLCs) allows a court to disregard the separate corporate personality of the company and its member(s) to reach the assets of the members and hold them liable for all or part of the LLC's debts under Pennsylvania law.

By Edward T. Kang

8 minute read

July 23, 2020 | The Legal Intelligencer

Civil RICO and Proximate Cause: A Tool for Defendants and Challenge for Plaintiffs

A recent decision out of the U.S. District Court for the Eastern District of Michigan underscored the RICO "proximate cause" inquiry highlighting yet another, often overlooked, complexity in litigating such cases.

By Edward T. Kang

8 minute read

July 02, 2020 | The Legal Intelligencer

The Future of Business Contracts Post-COVID-19

While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts.

By Edward T. Kang

9 minute read

June 18, 2020 | The Legal Intelligencer

Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction

When nonresident members of a corporate group, usually the parent company, should expect to be subjected to the jurisdiction of Pennsylvania courts when one of the entities, usually the subsidiary, is based or does business in the state.

By Edward T. Kang

8 minute read

May 14, 2020 | The Legal Intelligencer

Force Majeure During a Pandemic and Potential Contractual Disputes

Many businesses have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable "act of God" that has hindered the ability of parties to perform their duties as agreed.

By Edward T. Kang

8 minute read

April 09, 2020 | The Legal Intelligencer

When to Hire Outside Lawyers to Conduct an Internal Investigation: Revisited

In early November 2019, I wrote an article about the high-profile women who had called on Comcast to conduct an internal investigation regarding the alleged widespread culture of sexual harassment within the company. I discussed this issue and the rising calls for internal investigations within many industries and companies and their importance.

By Edward T. Kang

8 minute read

March 19, 2020 | The Legal Intelligencer

Time to Reconsider Remote Depositions in the Age of COVID-19

Remote depositions allow the deposition to proceed even though the witness is not in the same room as some or all of the other participating counsel and other persons entitled to be present.

By Edward T. Kang

7 minute read

January 23, 2020 | The Legal Intelligencer

Beyond the Courts: The Potential Future of Arbitration

This recent decision has implications for how practitioners understand the court system and arbitration system to usually work, as well as raising already-existent questions about the fairness of arbitration clauses and its applicability for various types of claims.

By Edward T. Kang

8 minute read