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

  • CMS Suggests Five Ways for Healthcare Providers to Prepare for New Medicare Cards Eric Bixler has posted on the Fox Rothschild Physician Law Blog an excellent summary of the changes coming to Medicare cards as a result of the Medicare Access and CHIP Reauthorization Act of 2015.  Briefly, Centers for Medicare and Medicaid Services (“CMS”) must remove Social Security Numbers (“SSNs”) from all Medicare cards. Therefore, starting April 1, 2018, CMS will begin mailing new cards with a randomly assigned Medicare Beneficiary Identifier (“MBI”) to replace the existing use of SSNs. You can read... More
  • Chief Judge Stark Denies Defendants’ Motion for Reargument of Court’s Order Holding Defendants Liable for Costs of ANDA Litigation Going Forward Under Certain Conditions By Memorandum Order entered by The Honorable Leonard P. Stark in UCB, Inc., et al. v. Watson Laboratories, Inc. et al., Civil Action No. 14-1083-LPS-SRF (D.Del., May 19, 2017), the Court denied Defendants’ motion for reargument of its Order entered on December 5, 2016, in which the Court denied Plaintiffs’ request for a stay, but ordered Defendants liable for the costs of the litigation from that point forward if either (a) their Abbreviated New Drug Application (“ANDA”) was rejected due... More
  • Dear Bankruptcy Asset Purchaser, Got Good Faith? Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside of the ordinary course of business upon bankruptcy court approval.  Some of the key benefits for purchasers are the ability to purchase assets free and clear of liens under Section 363(f) and obtain protections from adverse consequences of any appeal under Section 363(m). Under 363(f), the trustee or debtor-in-possession may sell property of... More
  • Rulemaking Through Enforcement; What’s Next FINRA has rulemaking authority.  Nevertheless, the trend would appear to be that FINRA is making its rules through the enforcement process.  Read this blog for insightful thoughts on this issue.... More
  • Words Matter-Chimpanzees are not “Clients” You have probably heard of the decision by the First Judicial Department’s Appellate’s Division upholding the lower courts’ decision not to sign orders to show cause seeking the transfer of chimpanzees from one form of captivity to another, under the rejected narrative that writs of habeas corpus should be applied to the chimps because they are allegedly “persons.” Citing to and relying on the amicus brief filed by Pepperdine Law Professor Richard Cupp, the Court held that animals are not legal persons... More
  • Judge Andrews Issues A Markman Ruling in Infringement Action Construing Remaining Term in Dispute in Patent-in-Suit   By Order entered by The Honorable Richard G. Andrews in Blackbird Tech LLC d/b/a Blackbird Technologies v. Lenovo (United States) Inc., Civil Action No. 16-140-RGA (D.Del. June 19, 2017), the Court rendered its Markman ruling construing the remaining term in dispute in U.S. Patent No. 7,129,931 (“the ‘931 patent”) consistent with plaintiff’s proposed construction of the term. The ‘931 patent relates to a laptop computer with a dual-axis hinge for the monitor and a front-facing port. The remaining dispute in... More
  • Preference Actions Filed in Draw Another Circle Bankruptcy On June 15, 2017, Curtis R. Smith, as Liquidating Trustee of the Hastings Creditors’ Liquidating Trust, filed approximately 69 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and and 550 of the Bankruptcy Code.  The Liquidating Trustee also seeks to disallow claims of such defendants under Sections 502(d) and (j) of the Bankruptcy Code. Draw Another Circle, LLC and its affiliated debtors filed voluntary petitions for bankruptcy in the U.S. Bankruptcy Court for the District... More
  • The Original Soupman, Inc. Files for Chapter 11 Protection in Delaware On June 13, 2017, The Original Soupman, Inc. and its affiliates (collectively “Debtors” or “Original Soupman”) commenced voluntary bankruptcy proceedings under Chapter 11 of the Bankruptcy Code.  According to its petition, Original Soupman estimates that its assets are between $1 million and $10 million, and its liabilities are between $10 million and $50 million. Shortly after the commencement of the bankruptcy case, the Debtors filed a number of first-day motions, including a critical vendor motion, and a DIP financing motion.  The first-day... More
  • Fox Partner Scott Vernick Appears on Cheddar To Discuss GDPR Compliance Issues On June 14, Fox Partner Scott Vernick appeared on live-streaming financial news network Cheddar to provide background information on the European Union’s General Data Protection Regulation, which goes into effect on May 25, 2018. To comply with the new privacy rules, companies that provide online services to residents of the EU will be required to obtain documented “hard consent” from customers before processing and storing their data. For many American companies, this is a significant shift. Scott outlines the high stakes for companies... More
  • FDA Warns Against Products Claiming to Cure Cancer The U.S. Food & Drug Administration (FDA) regulates cancer drugs and devices, both for use by humans and pets. Such drugs and devices must obtain FDA approval or clearance before they can be marketed or sold to consumers, so that the FDA can ensure each product is safe and effective for its intended use. Copyright: tashatuvango / 123RF Stock Photo The FDA is concerned about the marketing and selling of products that have not been approved, particularly because such products may contain... More
  • Connecticut Advocates for Justice, not Animals With little fanfare, Connecticut adopted a law authorizing a “separate advocate be appointed to represent the interests of justice” in certain animal cruelty cases involving the “welfare or custody of a cat or dog.”  While there was some concern raised by AKC and other associations before its adoption, the potential impact of this law did not hit home until recently, when a Connecticut court first heard from advocates appointed in a case involving alleged dog fighting, as reported by NPR. According... More
  • Important Changes to the Landscape of Premises Liability Cases in Texas The Texas Supreme Court in 2015 issued an opinion that should make it easier for defendants to win summary judgment in premises liability cases. In Austin v. Kroger Texas, L.P. (2015), the Court clarified that an invitee’s awareness of a dangerous premises condition does not bear on the issue of contributory negligence, but instead relieves the landowner of a legal duty to warn the invitee of the condition. This holding effectively reinstates the “no duty” doctrine in Texas, which the... More
  • Medical Marijuana Bill Passes During Special Session – Will Employers Also Be Able to Pass? Please see my update, over on Fox’s In the Weeds, on the Florida Legislature’s success in passing a medical marijuana bill during the recent special session.  Now we wait on Governor Rick Scott to sign the bill, which he is expected to do. Once Gov. Scott signs the bill into law, Florida Statute s. 381.986 (Compassionate use of low-THC and medical cannabis law) will be amended to state the following: This section does not limit the ability of an employer to establish,... More
  • “Come See Our World” presented by Americans for Medical Progress American for Medical Progress (AMP),[1] “a nonprofit organization dedicated to protecting society’s investment in biomedical research,” just launched an important new educational tool for the public to see and understand the truth behind modern animal research.  “Come See Our World”  is a digital invitation into the world of “essential animal research,” that provides all those interested and concerned a behind-the-scenes glimpse into world of animal research, with a front seat to view the care that research animals receive.  Without this... More
  • The Supreme Court Limits The SEC’s Ability To Seek Disgorgement The Supreme Court recently ruled that a five year statute of limitations applies to when the SEC seeks disgorgement.  To learn more, read this alert.    ... More