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

  • You Better Watch Your Suitability Determinations The SEC recently announced that it charged a former broker with knowingly or recklessly trading unsuitable investment products for five customers and taking $170,000 for one of those customers. These charges follow a prior SEC Investor Alert warning about excessive trading and churning as well as another one focused on the risks associated with exchange-traded notes. The broker must not have read those two alerts. According to the SEC, the broker enriched himself by systematically disregarding client investor profiles. He repeatedly... More
  • Florida’s Delay Opens the Door to Medical Marijuana Fraudsters See my post, over on Fox’s “In the Weeds” blog, regarding Florida fraudsters taking advantage of the delay in Florida’s implementation of Amendment 2 (medical marijuana). Also, if you are interested in cannabis business in Florida and nationally, follow Fox’s In the Weeds. __________ 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... More
  • Public Persona And Custody   The Delaware Family Court decides custody and visitation actions based on the best interests of a child. To make that determination the Court must consider specific factors listed in Section 722 of Title 13. In addition, the Court may consider any other relevant information. What is relevant is a case-by-case analysis. For public figures like Alex Jones public statements or their public persona could be relevant. A recent post by Aaron Weems, a Partner in our Blue Bell, Pennsylvania office, examines the... More
  • Establishing Entitlement to Punitive Damages: The Not So Puny Standard Copyright: iqoncept / 123RF Stock Photo Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant.  Punitive damages are only available for certain claims, such as intentional torts, and only if the defendant is personally guilty of the misconduct.  Actions for tortious interference, conversion, and other business torts may give rise to an award of punitive damages.   Before a claim for punitive damages may be asserted, Section 768.72... More
  • The Next Frontier in ADA Access Litigation – Online (Part I) Florida, and particularly South Florida, has always been on the leading edge of legal trends that involve mandatory attorneys’ fees for plaintiffs.  For many years, the United District Court in and for the Southern District led the pack in the number of Title III cases filed under the Americans with Disabilities Act (“ADA”).  In 2013, one in every five ADA Title III case was filed right here in the Southern District.  In fact, the Southern District has a 435-page list of... More
  • The trials and tribulations of the NJSPCA As recently reported, the NJSPCA has hefty legal fees, averaging nearly a quarter of a million dollars a year, as reported by Kane In Your Corner: NJSPCA refusing to show invoices for legal fees. But, following an OPRA request for the invoices requested by Kane In Your Corner (“Kane”), NJSPCA first refused to produce the requested documents and later stated that they did not exist-they were allegedly discarded by “the organization’s former treasurer, Frank Rizzo.” This latest incident followed the agency’s failure to file its... More
  • Judge Andrews Grants Defendant’s Motion to Dismiss Certain Patent Counterclaims after Finding the Subject Patents Claim Abstract Ideas   By Memorandum Opinion entered by The Honorable Richard G. Andrews in D&M Holdings Inc. et al. v. Sonos, Inc., Civil Action No. 16-141-RGA (D.Del. April 18, 2017), the Court granted Defendant’s Motion to Dismiss Plaintiff’s First and Third Counterclaims for Patent Infringement after finding that the asserted claims in the patents that are the subject of those counterclaims are drawn to abstract ideas and do not provide an inventive concept. Specifically, the Court found that U.S. Patent No. 7,343,435 (“the... More
  • Update on efforts to protect the U.S. food supply from agroterrorism The recent horrific attacks in Syria reminded me of the concerns following 9/11 about potential attacks on livestock and poultry.  Those concerns rose to the highest echelon in our government and others, exemplified by the first International Symposium on Agroterrorism, held in Kansas City, Missouri on May 5, 2005. I attended that meeting and was awestruck by the opening video-a poignant memorial to the farmers and others involved in agriculture from across the country, highlighting their back-breaking work that feeds and... More
  • Fox’s Mark Silow, Joshua Horn and Cannabis Practice Profiled We strongly encourage you to read the article profiling our firm and partners, Mark Silow (also our firm Chairman) and Joshua Horn, on Fox’s  Cannabis Practice Group.  See https://bol.bna.com/why-fox-rothschild-is-still-banking-on-its-cannabis-practice/.  No, sorry, Fox does not offer free samples, but, if you are interested in this emerging area, Josh is available to discuss.... More
  • Chancery Rules that Claims against General Partner are Direct, Allows Action to Proceed Despite Partnership’s Bankruptcy Whether a claim against company management is direct or derivative is not infrequently disputed in litigation before the Delaware Court of Chancery.  This determination becomes important in many contexts, including whether it was necessary for plaintiff to make a pre-suit demand upon the board, whether derivative claims of a company have been assigned to a receiver, or whether such claims have previously been settled in a prior litigation. In the recent decision of Sehoy Energy LP, et al. v. Haven Real... More
  • When Independent Commentary Isn’t   The SEC has recently issued an Investor Alert regarding commentary provided about investors from what appear to be independent sources. It turns out, many of those independent sources are not independent at all. Instead, they are paid shills. The SEC has instituted enforcement actions against such companies for generating deceptive articles on investment websites. Among other things, these companies: Failed to disclose that they received payment even though companies had paid them directly or indirectly. Used different pseudonyms to publish multiple articles the... More
  • Animal care standards discussed at the National Institute for Animal Agriculture’s Annual Meeting I recently reconnected with colleagues at the annual meeting of the National Institute for Animal Agriculture in Columbus, Ohio on April 6, 2017 where a special session was held, titled “Animal Care Standards: How Laws, Commitments, & Public Perception Have Changed the Landscape.” A special shout out to the attending former and current State Veterinarians, including Dr. Glauer-State Veterinarian Ohio (ret.), and Dr. Tony Forshey-State Veterinarian Ohio.  State Veterinarians are a state animal health officials charged with protecting the health and... More
  • Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale as the chapter 7 Trustee of Powerwave Technologies against Superiour Technical Resources – Adversary Proceeding Case No. 15-50085.  Judge Walrath’s opinion is available here (the “Opinion”).  Judge Walrath held that “genuine factual disputes precluding summary judgment”.  Opinion at *6.  While we have summarized a large number of opinions on preference actions,... More
  • The Honorable Gregory M. Sleet to Take Senior Status   On April 13, 2017, the United States Court for the District of Delaware announced that The Honorable Gregory M. Sleet will take senior status as of May 1, 2017.  Judge Sleet has served as a District Judge for the District of Delaware since 1998.  He served as Chief Judge for the District of Delaware from 2007 to 2014. The Court’s announcement notes that Judge Sleet has handled one of the busiest, most complex dockets in the nation during his nearly 19 years on the... More
  • To Ensure a Successful Estate Plan, Take a Holistic Approach The Delaware Supreme Court has just handed down a decision that dramatically illustrates the need to take a holistic approach to an estate plan to ensure that what you want to happen to your assets when you die, can and actually will happen. Copyright: bbourdages / 123RF Stock Photo Everett T. Conaway died on May 11, 2010, leaving to survive him his second wife, Janice, and his son from his first marriage, Jesse.  Everett named Janice and Jesse as co-fiduciaries of his Will and... More