January 02, 2020 | The Legal Intelligencer
Five Years After 'Daimler': It's All in the SpecificsMajor cases such as 2014's Daimler AG v. Bauman have refined the requirements for, and in many senses restricted, the establishment of personal jurisdiction over parties. This goes for both the exercise of general and specific jurisdiction.
By Edward T. Kang and Kandis L. Kovalsky
9 minute read
November 27, 2019 | The Legal Intelligencer
Changing Consumer Data and Protection Regulations for Companies and Their CounselAlthough a European regulation, the GDPR has affected American companies and, as it appears, has also begun to shape American law and policy. GDPR's strict regulations and rules do not simply apply within the EU and the European economic area—it affects anyone who does business with a person living in those countries.
By Edward T. Kang
8 minute read
November 07, 2019 | The Legal Intelligencer
When to Hire Outside Lawyers to Conduct an Internal InvestigationThe call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved.
By Edward T. Kang
9 minute read
October 17, 2019 | The Legal Intelligencer
A Piece of the Tort(e): Tortious Interference With Expectancy of InheritanceWhile recently gaining traction in both the public eye and the legal field, the claim of tortious interference with expectancy of inheritance is actually quite old and its interpretations vary among different jurisdictions, including in Pennsylvania.
By Edward T. Kang
6 minute read
September 05, 2019 | The Legal Intelligencer
'T.M. v. Janssen Pharmaceuticals'—Lessons on Standards of EvidenceThe value of the reinstatement of T.M. v. Janssen for lawyers is that it clarifies laws about evidence, how courts determine evidence's reliability, and general lessons on procedural law.
By Edward T. Kang
8 minute read
July 25, 2019 | The Legal Intelligencer
The Future of Noncompete Agreements in PennsylvaniaMany people might imagine that a noncompete agreement, a type of restrictive covenant that frequently used to prevent a company's former employee from working for a competitor, would only apply to those working in high-up positions or who otherwise had access to valuable trade secrets.
By Edward T. Kang
8 minute read
July 03, 2019 | The Legal Intelligencer
A Primer on the Law of Qui Tam Claims in the Third CircuitFraudulent actions against the government may happen in the form of overcharging the government or failure to pay the funds due to the government. The U.S. Court of Appeals for the Third Circuit has recognized liability claims under FCA based on failure in payment, which are called “reverse false claims.”
By Edward T. Kang
8 minute read
June 20, 2019 | The Legal Intelligencer
Piercing the Corporate Veil Under Pennsylvania LawIn its simplest form, the piercing of the corporate veil is an equitable remedy available to the creditors of corporate entities to request the court to hold their owners liable for the corporate debts.
By Edward T. Kang
8 minute read
May 16, 2019 | The Legal Intelligencer
Do Directors of a Board Have Access to the Company's Privileged Materials?What happens when a dispute is between or among directors of the same company? Can the company use the attorney-client privilege to shield corporate materials, including any attorney-client privileged materials against a director?
By Edward T. Kang
8 minute read
April 11, 2019 | The Legal Intelligencer
Attorney-Client Privilege and Abuse of PrivilegeThe attorney-client privilege, the oldest evidentiary privilege known to the common law, is an exception to one of the main policies behind the paramount rule of evidence that relevant evidence is admissible at trial. In this regard, the attorney-client privilege is an obstruction to the search for the truth.
By Edward T. Kang
8 minute read
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