Edward T. Kang

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Articles

Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims

Jan 17, 2025 | law.com | Edward T. Kang

Two doctrines frequently arise in Pennsylvania jurisprudence when addressing disputes between the parties to a contract: the parol evidence rule and the gist of the action doctrine. While each serves a distinct purpose, their application often overlaps, especially in fraud cases between the parties to a contract. Understanding both rules is essential for practitioners to craft persuasive arguments. The parol evidence rule’s purpose is to preserve written contracts’ integrity.
Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home

Nov 27, 2024 | law.com | Edward T. Kang

Nearly a century ago, U.S. Spureme Court Justice Louis D. Brandeis praised the tradition of federalism in his dissent in New State Ice v. Liebmann, which popularized the term “laboratory of democracy.” Brandeis underscored that states, using their sovereign power, have the freedom to experiment with new legislation that responds to the evolving needs of their citizens. Decades later, in his dissent in Michigan v.
Civil RICO's Expanding Reach: From Foreign Schemes to Lost Employment

Nov 7, 2024 | law.com | Edward T. Kang

Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
A Word on Hearsay: Using Prior Statements Under Pennsylvania and Federal Rules

Oct 17, 2024 | law.com | Edward T. Kang

Who Got The Work Blank Rome partner Andrew T. Hambelton has stepped in to defend Fragrancenet.com in a pending trademark infringement lawsuit. The case, filed Aug. 29 in New York Southern District Court by the Blakely Law Group, targets the defendants for allegedly selling counterfeit fragrance products. The case, assigned to U.S. District Judge Lorna G. Schofield, is 1:24-cv-06521, Abercrombie & Fitch Trading Co. v. Quester (US) Enterprises, Inc. et al.
Going It Alone: Can Whistleblowers Seek Corporate Veil-Piercing in Declined Cases?

Aug 30, 2024 | law.com | Edward T. Kang

Recently, I received an email from a national public interest organization dedicated to whistleblower advocacy. The message asked whether a relator (i.e., a whistleblower), while not a victim of fraud, has standing to seek corporate veil-piercing in a False Claims Act case where the government declined to intervene. It is an interesting question, and no one seems to know the answer.
Better Safe Than Sorry: Filing Post-Trial Motions in Pennsylvania

Jul 18, 2024 | law.com | Edward T. Kang

Practitioners try to avoid having to appeal, of course. If trial counsel finds it necessary to appeal, however, counsel should ensure that appealable issues have been properly preserved. And there are many pitfalls in preserving an issue for appeal before, during, or even after trial. In Pennsylvania, the general rule is that issues not raised in the trial court are waived and cannot be raised for the first time on appeal.
From Mobsters to Fraudsters: Clearing the Bar for Civil RICO Claims

Jul 5, 2024 | law.com | Edward T. Kang

When I hear practitioners talk about RICO, I often hear how no one understands it. I also hear some practitioners talk about how RICO is dead. It is not. The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress and signed into law in 1970 as a tool to combat organized crime in the United States.
The Whole Truth: Addressing Hypothetical Questions to Lay and Expert Witnesses

Jun 20, 2024 | law.com | Edward T. Kang

Hypothetical questions can help facilitate conversations on judgments about the perceived likelihood or potential consequences of an event or an action. They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking the court to declare and of what the court may have to decide. Such questions are also permissible in trials and depositions.
Judge Partially Sides With Lab Claiming Insurance Company Breached Contract | The Legal Intelligencer

May 20, 2024 | feeds.feedblitz.com | Amanda O'Brien |Craig R. Tractenberg |Aleeza Furman |Edward T. Kang

A federal judge in Pennsylvania sided with a diagnostic laboratory, Genesis Diagnostics, on its breach of contract claims after a health plan allegedly failed to pay more than $400,000 for the lab testing completed on behalf of its members.
FTC Ban on Noncompetes: Antitrust Implications of Agreements

May 17, 2024 | law.com | Edward T. Kang

Massachusetts’s Route 128 high-tech corridor was supposed to be America’s high-tech capital. In the 1970s, armed with talents from Harvard and MIT and home to computer companies like Digital Equipment Corp. and Wang Laboratories, the Boston metro area was leading the charge for minicomputer innovation. Back then, the total technology employment in the area was roughly triple that of Silicon Valley, and the notion of Silicon Valley outshining Boston as the high-tech capital seemed implausible.