Edward T. Kang

May 17, 2018 | The Legal Intelligencer

With fewer and fewer cases going to trial, lawyers must be competent in settling claims and preparing settlement documents that accurately capture the terms of the settlement.

By Edward T. Kang

8 minute read

April 12, 2018 | The Legal Intelligencer

Facebook has been making headlines lately over claims it shared personal data on more than 87 million people to the political data firm, Cambridge Analytica for use in the 2016 presidential election. In the midst of the Cambridge Analytica chaos, the Pennsylvania Superior Court provided long-overdue guidance on the authentication of posts from Facebook and other social media platforms.

By Edward T. Kang

9 minute read

March 22, 2018 | The Legal Intelligencer

My last article, dated Jan. 25, visited the RICO pleadings requirement in light of the class action RICO lawsuit filed against Harvey Weinstein. The Weinstein RICO action is brought under the most popular section—Section 1962(c). In the article, I discussed the stringent requirements of pleading and proving civil RICO claims and outlined some of the obstacles for plaintiffs.

By Edward T. Kang

8 minute read

January 25, 2018 | The Legal Intelligencer

Who in civil litigation does not love a good RICO claim? Its boundaries are seemingly endless, and in the case of Harvey Weinstein—perhaps one of the most vilified defendants on the planet right now—there is the possibility of catastrophic implications, as if being the face of an entire movement (#MeToo) is not bad enough.

By Edward T. Kang

9 minute read

January 05, 2018 | The Legal Intelligencer

Arbitration, whether compulsory or voluntary, is commonplace these days as a less expensive and more efficient resolution to litigation than trial. Litigators in Pennsylvania are familiar with the Court of Common Pleas Compulsory Arbitration Program for cases with an amount in controversy of $50,000 or less.

By Edward T. Kang

9 minute read

November 09, 2017 | The Legal Intelligencer

Limited partnerships offer an attractive option over the general partnership form–namely, the benefits of a partnership arrangement, but with limited liability like that enjoyed by the owners of a corporation or limited liability company.

By Edward T. Kang

17 minute read

November 02, 2017 | The Legal Intelligencer

their professional duties negligently, they could only be held liable to those with whom they were in direct contractual privity—in other words, their clients.

By Edward T. Kang

8 minute read

October 19, 2017 | The Legal Intelligencer

The jury was thoroughly confused when a witness testified through an interpreter that he paid hundreds of thousands of dollars for a ladder in a construction case I tried a few years ago.

By Edward T. Kang

17 minute read

July 27, 2017 | The Legal Intelligencer

There seems to be a common misunderstanding about the proper way to use Rule of Evidence 408 relating to evidence of offers of compromise and settlement discussions. Let's take the recent Bill Cosby criminal trial as an example. In March, Cosby moved to dismiss any evidence regarding any aspect of settlement of the civil action between him and Andrea Constand from 2006. He argued in part that evidence of the civil settlement was inadmissible under Pennsylvania Rule of Evidence 408. The court disagreed with that argument, however, reasoning that the settlement documents were relevant to show Cosby's consciousness of guilt and efforts to obstruct the criminal investigation. The court ultimately did not allow the jury to hear any evidence of settlement of the civil suit. While the court neither issued an opinion nor provided any reasoning for its decision to exclude the evidence of civil action settlement, Cosby's defense team had argued both that the exceptions to Rule 408 did not apply and that the evidence was unfairly prejudicial under Rule 403. Nevertheless, the court's rejection of Cosby's argument that evidence of settlement is inadmissible under Rule 408 demonstrates practitioners' need to better understand the rule: Had the evidence of civil action settlement been admitted, the Cosby criminal trial might have had a different outcome. This rule has the potential to change the trajectory of a trial and greatly influence the jury.

By Edward T. Kang

8 minute read

June 22, 2017 | The Legal Intelligencer

Millennials—generally defined as the generation born between 1981-1997—have defined themselves as a distinct population that has different expectations in the workplace. As millennials currently represent the largest segment of the workforce, at nearly three times the size of the preceding generation, it is incumbent upon seasoned professionals to ensure to acclimate millennials to our workplaces. We are all familiar with the stereotypes of millennials—that their work ethic is lacking, or that an "everybody gets a trophy" mentality has left them unprepared for the workforce. Yet these stereotypes have been consistently debunked by the accomplishments of young people across our profession (see, e.g., Lauren Stiller Rikleen, "How the 'Millennial' Generation Works," The American Bar Association).

By Edward T. Kang

8 minute read