Litigation

Litigation

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.
View Blog

Delaware Bankruptcy Litigation

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

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.
View Blog

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.
View Blog

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.
View Blog

Garden State Gavel Blog

Each year, approximately seven million new cases are filed in New Jersey’s courts, and every day, our attorneys are right there helping clients navigate those suits from the moment they land at their doorstep. In this blog, Fox’s New Jersey litigation attorneys provide updates on the latest in litigation, including relevant case law, trials and new laws and regulations.

View Blog

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.
View Blog

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.
View Blog

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.
View Blog

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.

View Blog

Recent Blog Posts

  • The Few, The Proud…the Unsecured Creditors Committee At the end of my October blog post, Dear Debtor, You Said I was Your First Priority, a VIP!, I suggested that you might want to join a “support group” called the “Official Committee of Unsecured Creditors” (fondly referred to as the OCC or GUCCs), if you felt angry or depressed about your unsecured claim status.  Admittedly, I may have led you astray. The OCC is not really a “support group,” at least in the conventional sense of the word. So,... More
  • More Departures Announced by Top SEC Officials Following up on our earlier report that Mary Jo White, the chair of the Securities and Exchange Commission, will step down at the end of the Obama administration, news of other departures within the SEC has begun to spread.  The latest is Keith Higgins, head of the Division of Corporation Finance, who announced his plans to leave the SEC in January.  According to Sarah N. Lynch at Reuters, Higgins was oversaw the adoption of many rules pursuant to the 2012 Jumpstart Our... More
  • SEC Taking a Closer Look at Non-GAAP Financial Reporting According to Tatyana Shumsky at the Wall Street Journal, the Securities and Exchange Commission has increased efforts to regulate the use of accounting metrics that do not conform to the U.S. Generally Accepted Accounting Principles, known as non-GAAP.  The SEC’s endeavor began through its division of corporation finance, which issued new compliance guidelines and sent more non-compliance letters to companies than it had in the past.  More recently, the SEC’s enforcement division is getting involved and has been probing companies on their non-GAAP... More
  • Limitless Mobile, LLC Files for Chapter 11 Protection On December 2, 2016, Limitless Mobile, LLC (“Limitless” or the “Debtor”) filed a chapter 11 voluntary petition in the United States Bankruptcy Court for the District of Delaware.  The Debtor was formed in 2013 to provide broadband and wireless telecommunication services in certain rural counties in central Pennsylvania.  The Debtor is part of a worldwide corporate family referred to as the Limitless Group.  According to the First Day Declaration, Limitless intends to wind down its retail-side business and emerge from... More
  • Judge Andrews Construes Two Phrases in Dispute in Patent-in-Suit and Finds Dependent Claim Invalid Under 35 U.S.C. § 112 By Memorandum Opinion entered by The Honorable Richard G. Andrews in Amgen Inc. v. Hospira, Inc., Civil Action No. 15-839-RGA (D.Del., November 30, 2016), the Court issued its claim constructions for the two phrases in dispute in claims 1 and 8 of U.S. Patent No. 5,856,298 (“the ‘298 patent”) and found that claim 8 of the ‘298 patent is invalid under 35 U.S.C. § 112 because it is a dependent claim that contradicts a limitation of the claim from which... More
  • Want To Modify Your Custody Order? The Timing Of The Filing Could Make A Difference . . . The date of the filing of a petition for modification of a custody order can be important for many reasons.  For example, it sets the burden of proof.  It can also provide parameters for the arguments at trial.  Consider the recently decided case of  Newman v. Newman, No. 119, 2016 (Nov. 29, 2016). Michael Newman and Sarah Newman are the parents of two children.  After their divorce in 2010 the Newman’s were party to a series of child custody orders. These orders include a stipulation... More
  • Opinions Are Like … : And Judges Can’t Rely On Them For Legal Conclusions A trial court may not rely on a legal opinion offered by a party’s expert witness.  Florida’s Third District recently reversed dismissal of a mortgage foreclosure action based on this rule in Citibank, N.A., v. Martin and Jitka Olsak, 3rd DCA Case No. 3D15-1032 (Nov. 30, 2016). In Olsak, the borrowers called as a witness at trial a mortgage foreclosure fraud investigator and securitization officer, who was not a lawyer.  He testified that, in his opinion the plaintiff, which was a... More
  • It’s December 1: time to update your DMCA agent designation 14240670 – copyright If you operate a website that accepts user-generated content, it’s time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that accept product reviews, news sites that publish user comments on posted articles, social media sites that permit users to share photos or videos, and even blogs who post comments from other users. It can be very difficult for an OSP to determine whether user-generated content was created by the user who posted it, or whether... More
  • Ninth Circuit Requires Debtors to Pay Interest at Default Rate to Cure Default In the recent decision of Pacifica L51 LLC v. New Invs., Inc. (In re New Invs., Inc.), No. 13-36194, 2016 WL 6543520 (9th Cir. Nov. 4, 2016), the Ninth Circuit held that Section 1123(d) of the Bankruptcy Code legislatively overruled Great W. Bank & Tr. v. Entz-White Lumber & Supply, Inc. (In re Entz-White Lumber & Supply, Inc.), 850 F.2d 1338 (9th Cir. 1988), and required debtors to pay interest at the default rate to cure a default pursuant to a plan of... More
  • Telephonic Appearances Before Judge Gross Now Through CourtSolutions LLC Effective January 2, 2017, all telephonic court appearances before the Honorable Kevin Gross of the United States Bankruptcy Court for the District of Delaware will be through CourtSolutions LLC.  The alert was issued by the Court today on November 30th.  Click here for a copy of the notice. Carl D. Neff is a partner with the law firm of Fox Rothschild LLP.  You can reach Carl at (302) 622-4272 or at [email protected]... More
  • Chief Judge Stark Denies Defendant’s Motion to Continue Trial and Issues Rulings on Motions in Limine in Patent Infringement Action By Memorandum Order entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., Civil Action No. 13-1987-LPS (D.Del., November 22, 2016) (consolidated), the Court denied Defendant’s motion requesting a continuance of the scheduled December 2016 trial and issued its ruling on certain motions in limine filed by the parties. The Court also forecasted that it would allocate each side between eighteen (18) and twenty-two (22) hours for its trial presentation, with... More
  • Opinion in Altegrity Reinforces the Position of the Bankruptcy Court on “Claims” On November 28, 2016, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on a motion for relief from the automatic stay (we she treated as a motion for relief from the discharge injunction) in the Altegrity bankruptcy, Case No. 15-10226.  The “Opinion” is available here.  The Opinion was issued following legal argument and, by agreement of the parties, based only upon undisputed facts.  Opinion at *1. While various other arguments are addressed by Judge Silverstein, the primary issue within the Opinion boils... More
  • Supreme Court Reverses and Remands Default Judgment Background Mr. Davis and Ms. Davis are the parents of two children.  On February 14, 2016, Mr. Davis was personally served with a petition for custody of the children at an address provided by Ms. Davis.  As provided in Family Court Civil Rule 16, the case was then scheduled for mediation.  On February 23, 2016, the Family Court issued a notice to Mr. Davis, which was addressed to him at the same address where he received service of the petition for custody. The notice... More
  • Redemption Premiums – They Now Survive a Bankruptcy Filing On August 29, 2016, the Third Circuit released a precedential opinion (the “Opinion”) which opined that a “[redemption] premium, meant to give the lenders the interest yield they expect, [does not] fall away because the full principal amount is now due and the noteholders are barred from rescinding the acceleration of debt.”  The Third Circuit’s Opinion is available here.  This Opinion was issued in an appeal from a decision made in the Energy Future Holdings Bankruptcy Case No. 14-10979.  The District Court... More
  • After Two Day Bench Trial in ANDA Action, Judge Robinson Finds The ‘353 Patent Valid But Not Infringed by Generic By Memorandum Opinion entered by The Honorable Sue L. Robinson in Merck Sharp & Dohme Corp. v. Teva Pharmaceuticals USA, Inc., Civil Action No. 14-874-SLR (D.Del., November 16, 2016), the Court found the asserted claims of U.S. Patent No. 6,127,353 (“the ‘353 patent”) are valid but that defendant does not infringe the asserted claims of the ‘353 patent with its ANDA product.[1] Specifically, the Court found in favor of plaintiff Merck and against defendant as to defendant’s asserted affirmative defenses... More