Ryan T Kirk

June 16, 2022 | The Legal Intelligencer

Beyond the substantive legal matters at issue, one procedural aspect of the trial has also generated significant attention; namely, that the entire proceeding was livestreamed for the public. We discuss below the pros and cons of such coverage, the history of recording devices in courtrooms, as well as provide recommendations for balancing the countervailing concerns at issue.

By Edward T. Kang and Ryan T. Kirk

9 minute read

May 12, 2022 | The Legal Intelligencer

Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different forms that veil piercing can take.

By Edward T. Kang and Ryan T. Kirk

9 minute read

April 14, 2022 | The Legal Intelligencer

The 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

January 20, 2022 | The Legal Intelligencer

For 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

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

This 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

This 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

September 09, 2021 | The Legal Intelligencer

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

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

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