Blogs

Jump to recent Litigation blog posts.


Animal Law Update

Fox's Animal Law Update provides up-to-date information and relevant news on a myriad of topics that affect some of our four-legged friends. Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.
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Delaware Bankruptcy Litigation

The Delaware Bankruptcy Litigation blog offers insight and updates on corporate bankruptcy proceedings in Delaware and throughout the United States.
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Delaware Chancery Law Blog

The Delaware Court of Chancery is widely considered the preeminent forum for resolving disputes involving the internal affairs of the multitude of Delaware corporations and other business entities through which a vast amount of the world's commercial affairs is conducted. Join our Delaware corporate and commercial litigation attorneys—who are skilled at navigating this precedent-setting arena—as they guide you through the complex landscape of legal issues and analysis arising before this Court.
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Delaware Intellectual Property Litigation Blog

Wilmington attorney Gregory B. Williams explores the decisions issued by the U.S. District Court of Delaware in the areas of antitrust and intellectual property law.
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Delaware Family Law & Trial Practice Blog

Join our Wilmington litigators as they navigate through Delaware’s Family Court, Superior Court and Court of Common Pleas, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
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IP Spotlight Blog

Intellectual property is often the lifeblood of a company. As an experienced IP and registered patent attorney, James Singer keeps you up-to-date with the legal and business aspects of intellectual property and other intangible assets on his IP Spotlight blog. Covering topics such as licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets, IP Spotlight provides insight, commentary and tips regarding recent legislation and developments in the industry.
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Lone Star Bench & Bar Blog

Lone Star Bench & Bar is a blog about being a lawyer — and specifically about being a litigator in the state of Texas in the first quarter of the 21st Century. Authored by attorneys in Fox Rothschild’s Dallas office, the blog offers insights and analysis on the daily challenges lawyers face and the creative solutions they find.
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Privacy Compliance & Data Security Blog

Privacy compliance and electronic data security affect almost every business. Data breach prevention is essential. Fox Rothschild's Privacy Compliance & Data Security Blog will help readers navigate through the policies and best practices of data breach response. The Blog covers topics including compliance with data protection laws and regulatory enforcement and litigation as well.
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Securities Compliance Sentinel Blog

The highly regulated securities and financial industry has a host of complex problems—and financial institutions often find themselves on the receiving end of audits, investigations and other compliance issues. Our seasoned securities attorneys have the knowledge and experience to address cutting edge industry issues. Join them in their exploration of this increasingly complex area.
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South Florida Trial Blog

To successfully navigate South Florida’s court system, it’s key to have a trusted team of experienced trial litigators to help you tackle complex legal issues throughout the region. Attorneys in our West Palm Beach office possess extensive knowledge of the commercial litigation, corporate bankruptcy and other issues that wind their way through the courts in South Florida. Their blog provides informed analysis and insight into cases, decisions, rules and other matters that could impact your company's claims and defenses in civil courts, bankruptcy courts and other forums.

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Recent Blog Posts

  • Chief Judge Stark Grants Defendants’ Motion for Invalidity of ‘405 Patent for Nonenablement By Memorandum Opinion entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Abbott Laboratories et al., Civil Action No. 12-274-LPS (D.Del. August 18, 2017 (public version), the Court granted Defendants Abbott Laboratories and Abbott Molecular, Inc.’s Motion for Summary Judgment of Invalidity of U.S. Patent No. 8,097,405 (“the ‘405 patent”) for Nonenablement. “Enablement” requires the specification of a patent to “teach those of skill in the art how to make and how to use the invention... More
  • USDA re-posts a new version of its searchable database of Animal Welfare Act licensees As USDA had previously suggested, it just posted a new version of the searchable database that had been dismantled this past February.  Access to the new version is available here. Many animal rights organizations and animal-trade organizations had expressed outrage or concern when USDA initially dismantled its database.  The current version may not effectuate changes to those positions, since much of the information about individual licensees (compared to licensed businesses) appears to be redacted. Also, it seems as if license numbers are not available... More
  • Hackers Surveyed on Their Favorite Ways to Access Your Data Cybercrooks’ preferred path to critical data is through privileged accounts, those held by users who have broad access and powers within the target’s network. That’s according to a recent survey conducted by the cybersecurity firm Thycotic at the recent Black Hat conference in Las Vegas, reported Infosecurity Magazine.  About a third of respondents named privileged accounts the fastest and easiest path to critical data, while user email accounts were a close second at 27 percent. Some 85 percent said human error, not inadequate... More
  • NIST Issues New Password Security Recommendations: Keep It Simple, Long and Memorable Shata Stucky writes: The United States National Institute for Standards and Technology (NIST) has issued new guidelines for creating secure passwords.  NIST guidelines, which are directed to “federal government systems,” often become best practice recommendations across the security industry. The new guidelines are a significant break from previous rules.  Security experts previously recommended frequent password changes and using a mixture of upper case letters, symbols, and numbers.  The NIST guidelines acknowledge that users often work around these types of restrictions in a... More
  • Law360 Article: Why Today’s Law Firm Needs a Chief Privacy Officer Fox Rothschild partner and firm Chief Privacy Officer Mark G. McCreary sees a trend: Law firms are increasingly recognizing that naming a lawyer to lead data security and privacy efforts is “an essential ingredient in good risk management.” In an article for Law360 entitled “Notes From A Law Firm Chief Privacy Officer: CPO vs. CISO,” McCreary writes: “To understand the role of the CPO — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from... More
  • Chief Judge Stark Overrules Parties’ Objections, Adopts Judge Burke’s Order Denying Defendants’ Motion to Stay Pending Arbitration and Denies Plaintiff’s Motion to Enjoin Arbitration By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Co. v. Dollar Shave Club, Inc. et al., Civil Action No. 15-1158-LPS-CJB (D.Del. August 7, 2017), the Court overruled the parties’ objections to the Memorandum Order issued on March 7, 2017 by Magistrate Judge Burke denying defendants’ motion to stay the action pending arbitration and adopted Judge Burke’s Order. Specifically, the Court overruled defendants’ objections to Judge Burke’s determinations that the Court, and not the Arbitral Tribunal,... More
  • Cybersecurity Insights from the SEC   Over the last several months, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has been conducting a “sweep examination” of over 70 broker-dealers and investment advisers to assess their cybersecurity policies and procedures.  https://www.sec.gov/files/observations-from-cybersecurity-examinations.pdf.  In particular, OCIE looked at their preparedness regarding governance and risk assessment; access rights and controls; data loss prevention; vendor management; training; and incident response. For the most part, OCIE found policies and procedures in place, and these firms did, in fact, conduct penetration tests and vulnerability scans; used a system to prevent... More
  • Manufacturing Concern: Industry Becoming a Top Target for Cybercriminals A German cybersecurity firm reports that manufacturers have become a top target of cybercriminals. The NTT Security Global Threat Intelligence Center (GTIC) Quarterly Threat Intelligence Report for the second quarter of 2017 notes that manufacturers were targeted in 34 percent of incidents, the highest of any industry segment. About a third of those incidents involved “reconnaissance” which suggests the industry is still in hackers’ sights. “If trends from the past few years continue, this probably indicates that attacks and malware are likely to increase in manufacturing... More
  • Cybersecurity — What are you doing The SEC recently issued an alert for investment advisors regarding cybersecurity.  Here is a link to a story on the alert.  Are you doing enough to fight this risk?  If you do not have an answer, then the answer is probably no.    ... More
  • Judge Sleet Finds Independent Claims of Patents-in-Suit Invalid and Grants Defendants’ Motion to Dismiss Patent Infringement Action By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Jedi Technologies, Inc. v. Spark Networks, Inc. et al., Civil Action No. 16-1055-GMS (D.Del. August 3, 2017), the Court granted defendants’ motion to dismiss plaintiff’s patent infringement action under Federal Rule of Civil Procedure 12(b)(6) after finding that plaintiff’s patents claim ineligible subject matter under 35 U.S.C. § 101. Specifically, the Court found that the asserted claims of the patents-in-suit, U.S. Patent Nos. 7,885,977 (“the ‘977 patent”), 8,417,729 (“the... More
  • Senate Bill Tackles Threat From Poorly Secured IoT Devices A bipartisan group of Senators wants to make it more difficult for hackers to enlist smart thermostats, wireless security cameras and other connected devices in future cyberattacks. ZDNet reports that Sens. Mark Warner (D-VA) and Cory Gardner (R-CO) have introduced legislation that would require suppliers of devices to the federal government to ensure connected items such as wearables and smart sensors can be patched with security fixes. The bill would also prohibit the use of hard-coded usernames and passwords, which are considered one of... More
  • The Alter-Ego of a Corporation: Piercing the Corporate Veil A corporation is a legal entity separate and distinct from its shareholders.  The corporate form generally shields shareholders from personal liability for the corporation’s debts. 31281638 However, shareholders cannot incorporate to limit their liability, and then use the corporate form to cover their fraud.  Under such circumstances, a party may seek to “pierce the corporate veil” and hold shareholders personally liable.  Florida courts are generally reluctant to disregard the corporate form and require a showing of improper conduct in the formation or use... More
  • Chancery Denies Relief Under Agreement to Negotiate In the letter opinion of Windsor I, LLC v. CWCapital Asset Management LLC, C.A. No. 12977-CB (Del. Ch. July 31, 2017), the Court of Chancery determined the enforceability of an agreement to negotiate, under Maryland law.  Plaintiff is the owner of a commercial property in Wilmington, Delaware, and Defendant is a special servicer that handles the default side of loan servicing for its affiliate. Plaintiff requested that its loan be transferred to special servicing in anticipation of its large commercial tenant terminating the lease on... More
  • Preferences Actions Filed in Univita Holdings LLC Bankruptcy Case On July 19-21, 2017, David W. Carickhoff, in his capacity as Chapter 7 Trustee of the Estates of Univita Holdings, et al., filed approximately 46 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547 and 550 of the Bankruptcy Code. Univita Health, Inc. and its affiliated debtors filed voluntary petitions for bankruptcy in the U.S. Bankruptcy Court for the District of Delaware on August 28, 2015 under Chapter 7 of the Bankruptcy Code.  The cases are jointly... More
  • Success Fees – Technical Arguments Fail in the Face of Broad Definitions In a decision signed July 26, 2017 in the Nephrogenex bankruptcy (case 16-11074), Judge Gross of the Delaware Bankruptcy Court approved of the application of the Debtor’s investment banker for a success fee over the objection of, among others, the Debtor and the purchaser of all the reorganized debtor’s equity. Judge Gross’s opinion is available here (the “Opinion”). In this case, the Debtor hired an investment banker (“CS”), which was duly approved by the Court.  Part of CS’s compensation included a “Sale Transaction”... More