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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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

  • How animal rescue organizations perpetuate irresponsible dog breeding (and related issues) Part 1. Retail rescue organizations like Rescue Road Trips, inc. (the Rescue) who purport to provide “loving, humane road trips to homeless, unwanted, and unloved dogs from Southern Kill Shelters . . . deliver[ed] to Loving ‘Forever Homes’ in New England and surrounding areas,” do nothing to decrease the number of dogs being irresponsibly bred.  They actually do the opposite by facilitating the irresponsible, non-purposeful breeding of dogs. And, while preventing a dog from unnecessary death is laudable, this operation, like other rescues... More
  • FINRA Changes To Arbitration Procedure FINRA is considering a number of changes to its arbitration procedure.  For a good discussion on the subject, see this article.... More
  • American Apparel Preference Actions Filed in Delaware Bankruptcy Court Earlier this month, APP Winddown, LLC (formerly known as American Apparel, LLC) and its chapter 11 affiliates (the “Debtors”) filed approximately 201 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548, 549 and 550 of the Bankruptcy Code. The Debtors filed voluntary petitions for bankruptcy in the U.S. Bankruptcy Court for the District of Delaware on October 5, 2015 under Chapter 11 of the Bankruptcy Code.  On January 27, 2016, the Court entered an order... More
  • Siri: What Should Doctors Know About the Risks of Using a Voice Assistant? Physicians have their hands full on the best of days. It’s not difficult to imagine why using a voice assistant such as Amazon’s Alexa or Apple’s Siri might be attractive. In fact, a recent survey showed nearly one in four physicians uses the assistants for work-related purposes, such as researching prescription drug dosing. It’s likely many are unaware of the information security dangers they pose. In an interview with SCG Health Blog, Fox Rothschild attorneys Elizabeth Litten and Michael Kline explain that the... More
  • Incorporation Condition in Confidentiality Agreement Upheld in Books and Records Action In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the propriety of a condition imposed by the defendant corporation in a confidentiality agreement that any subsequent litigation relying on corporate records produced in the action be deemed to incorporate by reference all such records produced (the “Incorporation Condition”).  Stated differently, the defendants and/or its directors wished to be... More
  • Improvements to housing of farm animals must be science-based, sustainable, and performed in a cost-effective manner On October 12, 2017 Nestlé USA announced that by 2024 they would “strive to source all of the broiler chickens we use as ingredients for our U.S. food portfolio from sources meeting a higher standard of animal welfare, building on our global Commitment on Farm Animal Welfare.” More specifically, Nestlé has committed to sourcing from farmers who raise chicken with slower growth rates, good leg health, reduced stocking rates, and further compliance with standards approved by the Global Animal Partnership (GAP), a... More
  • Judge Andrews Finds Plaintiff Proved Infringement of Asserted Claims of Patents-in-Suit Following Three-Day Bench Trial in Hatch-Waxman Action Following a three-day bench trial in the matter on June 5-7, 2017 and after having considered the entire record in the case and the applicable law, the Court, through Trial Opinion, entered by The Honorable Richard G. Andrews in Orexigen Therapeutics, Inc. v. Actavis Laboratories FL, Inc., Civil Action No. 15-451-RGA (D.Del. October 13, 2017), found that (1) Defendant failed to prove by clear and convincing evidence that claims 26 and 31 U.S. Patent No. 7,462,626 (“the ‘626 patent”), claim... More
  • Is Your Business in Compliance with the Illinois Biometric Information Privacy Act A number of employers in Illinois are involved in pending class action litigation regarding violations of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (the “BIPA”). The BIPA, which was enacted in 2008, addresses the collection, use and retention of biometric information by private entities. Any information that is captured, stored, or shared based on a person’s biometric identifiers, such as fingerprints, iris scans, or blood type, is considered “biometric information.” The Illinois Legislature enacted the BIPA... More
  • What State and Local Laws Will Fly When it Comes to Drones? On our On the Radar blog, which covers new developments in the law surrounding unmanned autonomous vehicles or drones, associate Tressie McKeon recently published a post discussing current Texas law governing drones and its interaction with federal law. Though the federal government (that is, the Federal Aviation Administration (FAA)) exclusively regulates navigable airspace across the country, states can and have regulated commercial drone use via law enforcement-focused statutes, such as those pertaining to trespassing. We invite you to read her valuable discussion.... More
  • Is It Really Too Late? Statute of Limitations for Negligent Appraisal Ruling May Be Challenged I recently wrote in Fox Rothschild’s Consumer Law Ledger about a Florida appellate court’s ruling that the statute of limitations for a negligent appraisal claim begins to run on the date that the loan is funded, even if a loan default does not occur until much later. I’ve been told that a Motion for Rehearing En Banc or for Certification for the Florida Supreme Court will be filed by the lender. So, we may not have heard the end of the Llano... More
  • FTC Invests in Technology to Prepare for Busy Year of Litigation and Investigations The Federal Trade Commission is investing nearly $3 million in technology to support an increasing need for e-discovery driven by massive data breaches such as the one disclosed recently by Equifax. The news comes from the National Law Journal, which reports that the FTC awarded a one-year contract to Innovative Discovery LLC of Arlington, Virginia for a secure litigation support service. The agency awarded the contract without competitive bids because it “faces usual and compelling circumstances that require the immediate initiation of this pilot,” the... More
  • Fake Service Dog Attacks Real Service Dog I’ve been posting about the problems companies face when a customer wants to bring in a fake service dog, see my recent posts here, here and here. One of the biggest issues for companies is figuring out which dogs are fake service dogs and which dogs are real service dogs without running afoul of the American with Disabilities Act (“ADA”).   Now comes news of a blind man’s service dog being bitten by another dog on the Sacramento Light Rail.  Initially, the owner... More
  • The Joshua Frase Foundation for Congenital Myopathy Research, Inc. I recently attended the 2017 National Animal Interest Alliance (NAIA) Conference, titled “Animal Nation.”  There, I heard the remarkable, heart-wrenching but uplifting story about the life of Joshua Frase and the challenges he overcame with the support from his family who never gave up in their relentless search to find a cure for Myotubular Myopathy (MTM), a genetic disorder affecting skeletal muscle that Joshua was born with. As described on the foundation’s website, children born with MTM “will often experience skeletal... More
  • Law Firms Are Not Above the Law When it Comes to FLSA Litigation See this post from Fox‘s Mark Tabakman regarding recent Fair Labor Standard Act (“FLSA”) litigation directed to two Florida law firms.  Mark’s post is an important reminder that law firms, doctor’s offices and other white collar offices are not above wage and hour lawsuits.... More
  • Chief Judge Stark Denies Defendant’s Motion for Summary Judgment in Antitrust Action By Memorandum Order entered by The Honorable Leonard P. Stark in GN Netcom, Inc. v. Plantronics, Inc., Civil Action No. 12-1318-LPS (D.Del. September 29, 2017), the Court denied Defendant Plantronics, Inc.’s motion for summary judgment which contended that any foreclosure effect of Defendant’s exclusive dealing arrangement with its distributors was negated by Plaintiff GN Netcom, Inc.’s ability to circumvent the exclusive dealing arrangement by accessing the end-users directly. In other words, Plantronics argued that GN could not show substantial foreclosure... More