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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Bankruptcy Litigation Briefing

Authored by attorneys in Fox’s Bankruptcy Litigation group, the blog will provide analysis of the strategies adopted by litigators and the lessons to be drawn from court rulings in the most important bankruptcy litigation matters nationwide.
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Delaware Bankruptcy Update

The Delaware Bankruptcy Litigation blog offers insight and updates on corporate bankruptcy proceedings in Delaware.
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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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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

  • Alert: Cambridge Analytica files for Bankruptcy Protection Cambridge Analytica filed for bankruptcy under Chapter 7 of the Bankruptcy Code late last week and recently announced that it will be shutting down. We will be monitoring the case for interesting bankruptcy litigation updates that are expected to arise.  Cambridge Analytica was a political consulting firm that came under fire related to private data of Facebook users. The case was filed in the U.S. Bankruptcy Court for the Southern District of New York and the voluntary petition is available here. ... More
  • Judge Sleet Denies SurgiQuest’s JMOL Motion After Finding Evidence Was Sufficient to Support Jury’s Verdict of False Advertising and Unfair Competition By Memorandum Opinion entered by The Honorable Gregory M. Sleet in SurgiQuest v. Lexion Medical, LLC., Civil Action No. 14-382-GMS (D.Del. May 16, 2018), the Court denied Plaintiff/Counterclaim-Defendant SurgiQuest’s renewed motion for judgment as a matter of law (“JMOL Motion”) on the jury’s verdict which found that SurgiQuest had engaged in false and misleading advertising and unfair competition in violation of the Lanham Act and Delaware common law and awarded monetary damages to Defendant/Counterclaim-Plaintiff Lexion Medical, LLC. The Court also... More
  • Not a Great Day for Animals in New Jersey On May 17, 2018 a plethora bills were reported out of the New Jersey Assembly Agriculture and Natural Resources Committee, some with amendments that will benefit animals and their owners if they become law, and others with sorely needed amendments. Here is a summary of what occurred (as reported on the New Jersey Legislative website): A781 is a bill that would establish processes for recovering the cost of caring for domestic companion animals involved in animal cruelty violations.  This bill was reported... More
  • Add Digital Photocopiers to Your Cybersecurity Checklist Office copiers retain data on the files they process – securing that data is a must. Digital copiers pose many of the same cybersecurity risks associated with computers. This is so because they’re also computers. Data thieves know that office copiers run on “smart” technology with hard drives that store information about printed, copied and scanned documents – a potential trove of sensitive data.  What steps should businesses take to protect the data across a copier’s lifecycle?  The Federal Trade Commission... More
  • Animal Agriculture Alliance Celebrates Another Successful Summit It looks like Animal Agriculture Alliance had another stellar stakeholder summit held on May 3-4 in Arlington, Va. As reported on its website The future of food, consumer choice, sustainability and the connection farmers and ranchers have with consumers were all topics of discussion on the first day of the Animal Agriculture Alliance’s 2018 Stakeholders Summit, themed “Protect Your Roots,” at the Renaissance Capital View Hotel in Arlington, Va. “The conversations are changing about food to include agriculture and the message of farmers,”... More
  • Update on Florida Medical Marijuana Cases I’ve written a new post for Fox’s In the Weeds blog.  See my post which provided an update regarding Florida medical marijuana litigation. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or [email protected] More
  • PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable Recently, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania clarified that funds returned to the debtor are not recoverable as intentional fraudulent transfers.  See Holber v. Nikparvar (In re Incare, LLC), Adv. No. 14-0248 (Bankr. E.D.Pa. May 7, 2018). The Debtor, Incare, LLC, was a medical care provider that provided services to a variety of hospitals and medical facilities in Pennsylvania.  After Incare filed for bankruptcy in 2013, a chapter 7 trustee brought a fraudulent transfer case against the managing... More
  • Judge Andrews Issues Markman Ruling in Infringement Action Construing Thirteen (13) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. Zyxel Communications, Inc. et al., Civil Action No. 13-02013-RGA (D.Del. May 8, 2018) (consolidated), the Court rendered its Markman ruling construing thirteen (13) disputed terms in U.S. Patent Nos. 7,796,705 (“the ‘705 patent”), 8,335,956 (“the ‘956 patent”), 8,407,546 (“the ‘546 patent”), 8,468,411 (“the ‘411 patent”), 8,595,577 (“the ‘577 patent”), and 8,645,784 (“the ‘784 patent”). A copy of the Memorandum Opinion is attached.... More
  • Court of Chancery Examines Exceptions to the Attorney-Client Privilege The recent decision of Paul Morris v. Spectra Energy Partners (DE) GP, LP et al., C.A. No. 12110-VCG (Del. Ch. May 7, 2018) provides a helpful analysis of the attorney-client privilege in Delaware and certain exceptions thereto.  In this master limited partnership dispute, plaintiff asserted that the general partner’s conflicts committee acted in bad faith by knowingly approving a transfer of assets for approximately $500 million less than they were worth. A discovery dispute arose as to whether emails between counsel for the general... More
  • The Safe Harbor Provision of the Bankruptcy Code Redefined The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back transfers involving securities and financial institutions in circumstances when such institutions serve as mere pass-through entities for the transfer.  The decision, Merit Management Group, LP v. FTI Consulting, Inc., Case No. 16-784, affirming the Seventh Circuit Court of Appeals, marked a resolution of a circuit split on an issue that... More
  • In the First, Second and Third Circuits, Creditors’ Committees Have Unconditional Rights To Intervene in Adversary Proceedings Official Committees’ of Unsecured Creditors can, and often do, have significant impacts on cases under chapter 11 of the Bankruptcy Code.  Appointed pursuant to Section 1102 of the Bankruptcy Code, creditors’ committees ordinarily consist of creditors holding large claims against the chapter 11 debtor. The Bankruptcy Code (in, for example, Sections 1103 and 1104) provides Committees with a variety of powers and duties.  For examples, the Bankruptcy Code allows creditors’ committees to hire counsel, participate in the plan of reorganization... More
  • Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims In PAH Litigation Trust v. Water Street Healthcare Partners, LP (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG), Adv. No. 15-51238 (KG), 2017 WL 5054308 (Bankr. D. Del. Nov. 1, 2017), the debtor entered into bankruptcy after a leveraged-buyout transaction (“LBO”).  After a plan was confirmed, a resulting litigation trust brought actual and constructive fraudulent transfers against the defendants (seller shareholder in the LBO) seeking $248 million for actual fraud and at least $228 million for constructive fraud –... More
  • What government contractors need to know about the revised disclosure requirements (and patent filing deadlines) for federally-funded inventions The Bayh-Dole Act and federal regulations implementing the Act permit government contractors to retain ownership of inventions developed with federal government funding. However, to retain ownership the contractor must take certain actions within certain deadlines. If the contractor misses these deadlines, the government agency can take title to the invention. These deadlines are about to become even more important when a regulatory change takes effect on May 14, 2018. Significant deadlines to keep in mind include: 1.  Disclose the invention to the... More
  • Oh Africa! I recently returned from a trip to South Africa, Botswana, Zambia and Zimbabwe with my best friend (husband) and have to share some of the awe-inspiring scenes of these majestic countries and wildlife residing therein.  I will concoct related legal theories and pass them along another time.  Until then, enjoy. Zebra Leopard guarding Cape Town Hippo Lionesses Leopard Cape buffalo <img class="size-medium wp-image-2809" src="https://animallaw.foxrothschildblogs.com/wp-content/uploads/sites/36/2018/05/DSCN1091-300x225.jpg" alt="" width="300" height="225" srcset="http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-300x225.jpg 300w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-150x113.jpg 150w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-768x576.jpg 768w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-656x492.jpg 656w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-40x30.jpg 40w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-80x60.jpg 80w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-160x120.jpg 160w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-320x240.jpg 320w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-1100x825.jpg 1100w, http://animallaw.foxrothschild.com/wp-content/uploads/sites/36/2018/05/DSCN1091-550x413.jpg 550w,... More
  • Chancery Finds that GP was Not Properly Admitted under LP Agreement In the recent decision of Eames v. Quantlab Group GP, LLC, C.A. No. 2017-0792-JRS  (Del. Ch. May 1, 2018), the Court considered an application under 6 Del. C. § 17-110 to determine the validity of the admission of a new general partner to Quatlab Group, LP (“Quantlab LP”), a Delaware limited partnership. Section 17-110 of the Delaware Revised Uniform Limited Partnership Act (“DRULPA”) provides that a partner may petition the Court of Chancery to, among other things, “determine the validity of any admission, election, appointment... More