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

  • Join Jon Heyl and Alex Kerzhner Discussing Challenges the PE/HF Industry Faces During the Pandemic Join our colleagues, Jon Heyl and Alex Kerzhner, in what is sure to be an important review of the challenges facing the PE/HF industry during the pandemic.   The webinar will take place on Thursday, June 4, 2020 at 2 p.m. (EDT)/ 11 a.m. (PDT). Please register (or click) at this site:  https://foxrothschild2.webex.com/mw3300/mywebex/default.do?nomenu=true&siteurl=foxrothschild2&service=6&rnd=0.520498216233004&main_url=https%3A%2F%2Ffoxrothschild2.webex.com%2Fec3300%2Feventcenter%2Fevent%2FeventAction.do%3FtheAction%3Ddetail%26%26%26EMK%3D4832534b00000004a042107c2af537d531b2ac872f843c41108c4da97db0231303c011bd8277765f%26siteurl%3Dfoxrothschild2%26confViewID%3D161131266161257810%26encryptTicket%3DSDJTSwAAAASqE0ZuyzNd7jcvQfkqx3mqfGmPjA6SK9Z5v54tVs7LwQ2%26    ... More
  • Update on Court Operations in Delaware (both Federal and State) Under Exigent Circumstances Created by COVID-19 – as of May 30, 2020 With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients, co-counsel, and others outside of Delaware to provide an update on the Courts’ operations in Delaware (both federal and state courts) and re-opening plans as of May 30, 2020. Federal Courthouse in Delaware With respect to the federal courthouse in Delaware, which... More
  • HAPPY MEMORIAL DAY! In recognition of all those soldiers who died in active military service for the United States of America.  HAPPY MEMORIAL DAY!... More
  • Villanovans in Healthcare VIRTUAL Spring Speaker Series – DATA PRIVACY AND DIGITAL TRANSFORMATION I was lucky enough to participate in an excellent panel of healthcare professionals discussing how COVID-19 has impacted medical technology, methods of treatment and research, and patient privacy rights. If you are concerned with contract tracing applications, or what governments, employers, or private companies may be doing with data from contact tracing applications, we also had a terrific discussion on those topics. Sign up at this link and you will receive a link to the webinar once it is edited and produced. About... More
  • Australia Tightens Privacy Protections on COVID-19 Tracing App New legislation imposes stronger privacy protections on Australia’s planned contact-tracing app. “The Australian government’s coronavirus tracing app will have stronger privacy protections under legislation which has passed Parliament,” reports The New Daily. “People found accessing the data without authorization will face up to five years’ jail and fines of $63,000. Businesses refusing to serve people because they haven’t downloaded the app will face the same penalties, along with anybody who tries to force someone to sign up. The new privacy protections also make it... More
  • A Cautionary Tale About COVID-19 and Animals We have heard conflicting reports about the potential spread of COVID-19 to and from people and animals, and between animals. Many government and industry officials have stated that there is no evidence that dogs and cats can transmit the virus to humans. Yet, as discussed by veterinary pathologists in a recent paper, the “absence of evidence [of zoonotic, reverse zoonotic, or inter/intra species COVID transmission] is not the same thing as evidence of absence.” See “A Critical Needs Assessment for... More
  • Top 10 Impactful Provisions in California’s Privacy Rights Act Ballot Measure The IAPP — International Association of Privacy Professionals — offers its take on the top 10 impactful provisions of the California Privacy Rights Act ballot initiative. Sensitive information obligations New enforcement authority Expanded data breach definition Audits and risk assessment for high risk processing Restrictions on automated processing and profiling Right to rectification Opt-in and heightened penalties regarding children’s information Data retention limitation Extended employee right moratorium Service provider/third party extended obligations Details from the IAPP.  ... More
  • Senate, House Democrats Introduce Coronavirus Containment Corps Legislation Following Democratic and Republican federal Coronavirus data privacy bills, Sen. Elizabeth Warren, along with U.S. Rep. Andy Levin, and U.S. Sens. Jeff Merkley and Tina Smith, introduced a bill for the Coronavirus Containment Corps Act. The bill aims to enhance contact tracing in the U.S. to prevent COVID-19 Under the legislation, the Centers for Disease Control and Prevention (CDC) shall  provide to the appropriate Congressional committees a strategy to expand COVID–19 contact tracing. The strategy will include: Plans to use mobile or app-based... More
  • UN Expert Warns of Privacy Risks Involved in COVID-19 Contact Tracing A United Nations representative warned of the privacy risks associated with contact tracing in the fight against COVID-19 in a recent interview. “The danger is that measures brought in to protect citizens in exceptional circumstances, when most people accept they are needed, could outlast the current crisis, said Joe Cannataci, the U.N. special rapporteur on the right to privacy.” “Dictatorships and authoritarian societies often start in the face of a threat,” he told the Thomson Reuters Foundation. “That is why it is important to... More
  • Judge Fallon Finds Plaintiff’s Allegations of Induced Infringement of Certain Patents-in-Suit Deficient In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims of induced infringement asserted in Count I, Counts II through V, and Count VII of the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Specifically, Judge Fallon recommends the dismissal of those claims after... More
  • Senate Democrats Introduce a Second Federal COVID-19 Privacy Bill Democratic Senators introduced a second COVID-19 privacy bill. It addresses the collection and processing of data in connection with fighting the COVID-19 pandemic. This Democratic Senate bill shares a number of key points with the recently filed Republican Senate bill, among them: consent required for collection and revocable disclosure at collection information security data minimization (collect only what you need) retention limitation (delete after revocation and after the pandemic). The bill would be enforceable by the Federal Trade Commission and State Attorneys General, but this bill also... More
  • Israel: Government Contact Tracing and the Right to Privacy Dan Or-Hof and Rotem Perelman-Farhi analyzed the Israeli Supreme Court decision on COVID-19 related phone tracing by the Israeli Secret Service in an article for the International Association of Privacy Professionals. “The violation of the right to privacy is severe because the [Israeli secret service] tracks the location and other personal information related to law-abiding citizens and residents by using a covert, coercive and non-transparent technology.” “… the measures taken by the Israeli government to confront the COVID-19 virus are extreme and... More
  • IAPP Offers Business Reopening Data Privacy Infographic The  IAPP – International Association of Privacy Professionals provides a helpful infographic on questions to ask concerning data collected when performing COVID-19 testing or health monitoring in association with getting ready to reopen the workplace. View the infographic.... More
  • UK ICO Offers Guidance on Back-to-Work Data Privacy Issues The United Kingdom’s Information Commissioner’s Office has issued guidance for employers on the data protection aspects of returning to the workplace: Testing for symptoms? possible, but Thermal cameras? might be possible, but Read my client alert for a detailed analysis.... More
  • Convention 108 and Council of Europe Issue Joint Contact Tracing Statement Alessandra Pierucci, Chair of the Committee of Convention 108 and Jean-Philippe Walter, Data Protection Commissioner of the Council of Europe, issued a Joint Statement on Digital Contact Tracing. Key principles for digital tracing: transparency data minimization impact assessment de-identification safeguards from automated decision making More details in my client alert.... More
  • Delaware State Courts to Remain Closed to the Public Through June 13 On May 14, 2020, Delaware Chief Justice Seitz entered an Order further extending the public closure of all Delaware State courthouses and their administrative offices through June 13, 2020 (a copy of the Extension of Judicial Emergency Order can be found here).  During this time, access to State courthouses is restricted to emergency and essential hearings and operations.  Non-emergency and non-essential telephonic arguments, telephonic hearings or videoconferences shall continue to proceed at the discretion of each of the State courts. ... More
  • Court of Chancery Weighs Terminating M&A Deals Under Material Adverse Effect Clauses The COVID-19 pandemic is shaking up M&A transactions and the Court of Chancery has seen a sudden uptick in litigation. In a recently published article, two of my Fox Rothschild colleagues – Chaney Hall and Katelyn Crawford – note that buyers with cold feet are invoking their agreement’s material adverse effect clauses (MAE) to justify terminating or postponing the deal, sparking complaints primarily filed by sellers seeking specific performance to compel a buyer to close the deal. Read more: DE Court... More
  • Judge Andrews Grants Defendants’ Motion to Dismiss Willfulness and Contributory Infringement Claims in Patent Infringement Action By Memorandum Order entered by The Honorable Richard G. Andrews in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC et al., Civil Action No. 19-2157-RGA (D.Del., May 5, 2020), the Court granted Defendants’ partial motion to dismiss in part by dismissing the willfulness and contributory infringement claims asserted in Plaintiff’s amended complaint. Plaintiff’s amended complaint asserts five (5) patents and identifies the accused products by name. Id. at *1. Defendants filed a partial motion to dismiss Plaintiff’s amended complaint asserting, among other... More
  • High Court Trademark Profit Ruling May Not Wreak Havoc on 3rd Circuit High Court TM Profit Ruling May Not Wreak Havoc On 3rd Circ. A copy of the Article is attached.... More
  • Cybersecurity: An Issue for BDs and RIAs During this Pandemic Sadly, the hackers of the world have not let the pandemic get in the way of their nefarious activities.  In particular, BDs and RIAs have been primary targets.   In our prior blog postings, we discussed business continuity plans and the requirement these plans include cybersecurity provisions.   We believe that the SEC, FINRA, and the various states could begin to review these firms for cybersecurity issues as early as this summer.  Thus, the old adage– be prepared– has never been more... More
  • Fox Rothschild’s Securities Industry Group Members Oksana Wright and Charles DeMonaco Publish Article on Corporate Compliance Measures During the Covid-19 Crisis Oksana Wright and Charles DeMonaco discuss the management and corporate compliance measures for the companies to prioritize during the time of cost-cutting and uncertainty: https://www.corporatecomplianceinsights.com/corporate-compliance-during-covid-19/... More
  • Part 2: What can employers in the agricultural industry do to protect their employees from COVID-19 and prevent strikes? In Part 1 of this blog, we discussed the new interim guidance for meat processing plants.  To combat concerns of a devastating reduction in our food supply chain, President Trump issued an Executive Order requiring processing plants to stay open.  Despite that order, some employees at these processing plants have expressed an intent not to return to work.  So, what options do employers have if their workers refuse to work? First, as the interim guidelines suggest, employers should follow the guidance... More
  • Part 1: What can meat processing facilities do to protect their essential employees from COVID-19 and comply with federal and state guidelines. Workers in essential industries are increasingly concerned about their health and safety in the workplace. This is most clearly evidenced by the recent strikes, or threats of strikes, by employees at large manufacturing and distribution centers. Further, meat processing plants are reporting an increasing number of employees contracting COVID-19, requiring these plants to shut down or consider shutting down. Agricultural workers have been deemed essential by every state. These employees are essential to maintaining the health and welfare of the... More
  • “A Rose by Any Other Name Would Smell as Sweet,” Not So for BDs and Advisors Although we are certain that Shakespeare never had to deal with the vagaries of Regulation BI, we do, and, in a series of questions relating to Regulation BI, the SEC Staff made it abundantly clear that, if you are a broker-dealer and not also a registered investment adviser, you cannot use the term “adviser” or “advisor.”  See https://www.sec.gov/tm/faq-regulation-best-interest#disclosure. The SEC Staff went further to state that, if the terms “adviser” or “advisor” are used in a name or title by a BD,... More
  • Fox Rothschild’s Securities Industry Group Members Ernie Badway and Alex Kerzhner Publish Alert on NYSAG’s Pandemic Rule-Making on Finders and Business Brokers NY State Attorney General Targets Finders and Business Brokers in Pandemic Rule-Making ... More
  • Delaware Supreme Court Validates Charter Provisions Requiring that Federal Securities Act Claims be Brought in Federal Court In the highly anticipated decision of Salzberg v. Sciabacucchi, 2020 WL 1280785 (Del. Mar. 18, 2020), the Delaware Supreme Court held that a provision in several Delaware corporations’ charters requiring that actions arising under the Securities Act of 1933 (the “Securities Act”) be brought in federal court, was valid and binding. Background/Court of Chancery Decision Appellee, Matthew Sciabacucchi, purchased shares in three Delaware corporations in their initial public offerings or shortly thereafter.   Each of these companies adopted a federal-forum provision in their... More
  • SEC and States Provide Relief for Upcoming Proxy Season Due to COVID-19 As proxy season approaches for a number of public companies, the Securities and Exchange Commission (SEC) and certain state authorities have taken steps to revise their current corporation laws or provide guidance for companies regarding the conduct of annual shareholder meetings in light of the COVID-19 outbreak. The SEC has provided relief for companies seeking to comply with the proxy rules promulgated under the Securities Exchange Act of 1934.  always, the goals of the recent guidance from the SEC is... More
  • Private Equity/Hedge Funds Have Not Been Lucky with the SEC Lately In 2 separate actions, the SEC came down very hard on private equity/hedge funds regarding both disclosure and operational issues.  See https://www.sec.gov/enforce/ia-5478-s; and  https://www.sec.gov/enforce/ia-5485-s. In the first action, a firm settled for $1 million because it allegedly mischaracterized its prior investments in its marketing materials.  This purported misrepresentation led to an over-statement of the fund’s performance.  The SEC brought an action against the fund for allowing such an over-inflation in its disclosures to occur.   Similarly, the SEC drained nearly $2... More
  • Securities Regulators Will Be Conducting Exams on BCPs Last month, we discussed business continuity plans and how important they were to firms.  Further, my partner, Josh Horn, and I, recently, conducted a webinar for the NSCP on this very topic. Now, we know both the SEC and FINRA will be conducting examinations to evaluate securities firms response to the pandemic as well as their BCPs.  In particular, the regulators have indicated that they will be focusing on business operations and continuity; firm policies; unforeseen issues and weaknesse in the... More
  • U.S. Supreme Court Holds Disgorgement of Profits Is Available Remedy in Trademark Infringement Action Without Showing of Willful Infringement In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement is not required to show that the defendant willfully infringed the plaintiff’s trademark as a precondition to a disgorgement of profits award. In so ruling, the Supreme Court clarified that the Lanham Act does require the showing of willful infringement... More
  • Ernie Badway Participates in West LegalEdCenter Webinar: A Look at NYDFYS Regulations ― Two Years In Join me, along with co-presenters Daniel Garrie of Law and Forensics and Jessica Friedman of JP Morgan Chase, for a recorded CLE webinar offering an update on the New York State Department of Financial Services’ cybersecurity regulations, which are designed to combat the growing threat cyber threats pose to information and financial systems. The regulations impose cybersecurity requirements on covered financial institutions and create a set of rules for developing and implementing cybersecurity programs. The webinar: A Look at NYDFYS Regulations... More
  • Compliance Personnel Cannot Stick Their Head in the Sand Compliance personnel– especially, chief compliance officers– cannot ignore problems because, as one  SEC ALJ determined, it will lead to censure and fines for ignoring compliance obligations.  See    https://www.sec.gov/alj/aljdec/2020/id1400cff.pdf. Apparently, for over 10 years, a registered investment advisor hired a series of unskilled CCOs, and ignored compliance and audit requirements.  The RIA tried to claim that it had remedied the problems.  The  ALJ did not issue a cease and desist order or independent compliance monitor because it seemed the RIA was... More
  • COVID-19 testing in pets in light of two pet cats testing positive in New York Two pet cats in New York have been infected with SARS-CoV-2 (the virus that causes COVID-19), as just announced by the U.S. Centers for Disease Control and Prevention (CDC) and the United States Department of Agriculture’s (USDA) National Veterinary Services Laboratories (NVSL).  See Confirmation of COVID-19 in Two Pet Cats in New York.  The cats, who lived in different locations, not only tested positive, but exhibited clinical signs of respiratory illness, but are expected to recover, according to the agencies.  Exposure... More
  • Return to Work for COVID19 Positive Employees? With talk about allowing some businesses to reopen, employers will need to plan for employees to return to in-person work.   Some of those employees will likely be those who have previously tested positive for COVID19. See this post from Fox’s  Randall C. Schauer, explaining the guidance for how and whether to bring COVID19 positive employees back to work.  ... More
  • Reposted with Permission “Coronavirus: Animal testing may be best tool to defeat COVID-19|” by Matthew R. Bailey Originally Published 6:30 a.m. ET April 17, 2020 | Updated 7:06 a.m. ET April 17, 2020 Scientists are working on dozens of potential treatments and vaccines for the novel coronavirus and the disease it causes, COVID-19. Virtually all of them have one thing in common — they’re the product of animal research. Indeed, the race to beat COVID-19 shows just how critical animal research is to medical progress. Consider how mRNA-1273, the potential vaccine furthest along in the development process, came... More
  • The Importance of Animal Research for a COVID-19 Cure [Reposted with permission] This was just published by the Foundation for Biomedical Research.  The use of animal models for researching coronavirus and other fatal human and animal diseases and disorders bears repeating, again and again. Animal research is at the front lines of the battle with the coronavirus and with the help of animal models, a vaccine and treatments for the coronavirus will be found. In FBR’s latest video “The Importance of Animal Research for a COVID-19 Cure,” learn about three animal models being used in the... More
  • Court of Chancery Opinion Addresses the Equitable Dissolution of a Delaware LLC Section 18-802 of Delaware’s Limited Liability Act (“LLC Act”) provides a statutory basis for the Court of Chancery to dissolve a Delaware LLC.  The statute, which confers standing upon an LLC member of manager, states that the Court of Chancery “may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with a limited liability company agreement.”  6 Del. C. § 18-802. The question becomes, may the Court of Chancery dissolve a... More
  • Judge Connolly Denies Defendants’ Motions to Dismiss Asserting Patent-Ineligible Subject Matter By Memorandum Order entered by The Honorable Colm F. Connolly in Sound View Innovations, LLC v. Delta Air Lines, Inc., Civil Action No. 19-659-CFC (D.Del. April 3, 2020) (consolidated), the Court denied the Federal Rule of Civil Procedure 12(b)(6) motions to dismiss filed by Defendants in three actions. Defendants argued in support of their motions that the claims asserted against them are invalid under 35 U.S.C. § 101 because the patent claims asserted fail to claim patentable subject matter. Id.... More
  • Animal Models Remain Vital for COVID-19 Research Despite activists’ rhetoric that animal models are not necessary for the advancement of biomedical research and development,  the criticality of the continued use of animal models in biomedical research is highlighted by Americans for Medical Progress and the Foundation for Biomedical Research (see respectively, AMP’s COVID-19 Resources The Critical Role of Animals in Developing COVID-19 Treatments and Vaccines and the Foundation for Biomedical Research and FBR’s COVID-19 Resources-We’re committed to improving health through education . As stated on FBR’s website, “[n]early... More
  • Chief Judge Stark Finds that Defendant Hospira Does Not Infringe Plaintiff Belcher’s Patent-in-Suit and Patent is Invalid and Unenforceable By Opinion entered by The Honorable Leonard P. Stark in Belcher Pharmaceutical, LLC v. Hospira, Inc., Civil Action No. 17-775-LPS (D.Del. March 31, 2020), following a two day bench trial and post-trial briefing in the action filed by plaintiff Belcher under the Hatch-Waxman Act as a result of defendant Hospira’s attempt to bring to market a bioequivalent of plaintiff’s product, the Court ruled in favor of defendant Hospira concluding that (1) defendant Hospira’s product does not infringe U.S. Patent No.... More
  • Use caution before taking advantage of extended IP filing deadlines under CARES Act The newly-enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides patent and trademark applicants the opportunity for temporary relief from certain deadlines as more and more businesses face mandatory shutdowns due to effects of COVID-19. Patent and trademark extensions On March 31, 2020, the USPTO issued two notices indicating that it will waive certain patent and trademark filing deadlines under the CARES Act. The notices indicate that certain deadlines that arise between March 27, 2020 and April 30, 2020 will be... More
  • Small Business With Questions About the CARES Act? Confused about the loan options under the Coronavirus Aid, Relief and Economic Security Act (CARES Act)?  Our learned colleagues have created a summary Comparison of SBA Loan Programs Under Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) that may provide you with the answers seek!   Heather L. Ries is an attorney with the Financial Restructuring and Bankruptcy Department of the law firm of Fox Rothschild LLP. Heather has been a trusted adviser to a range of clients for nearly two... More
  • COVID 19 Update Telemedicine: Enhanced Tools Available for Veterinarians FDA has recently announced it is relaxing its enforcement of telemedicine for veterinarians under two federal provisions:  (1) when prescribing extralabel drug use; and (2) when prescribing medicate feed pursuant to the Veterinary Feed Directive.  Both generally require an initial physical examination of animals prior to such prescription. FDA only enforces certain regulations governing a veterinarian’s relationship with its clients and patients.  As stated in a news release “Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During Pandemic,” The federal [veterinarian client... More
  • U.S. Supreme Court: states are immune from copyright infringement liability A new Supreme Court decision holds that states are immune from infringement suits under the United States Copyright Act, despite a 1990 law that attempted to remove states’ sovereign immunity in copyright infringement cases. In Allen v. Cooper (decided March 23, 2020), the Court considered a case involving videos and photos of a shipwreck that the state of North Carolina published online. The owner of the copyrights sued the state for copyright infringement. The state moved to dismiss the suit on... More
  • COVID 19 PROVES THAT ANIMAL RESEARCH REMAINS VITAL TO HUMAN AND ANIMAL HEALTH Despite myths perpetuated by animal activists, animal models remain critical to ensure that vaccines developed to prevent COVID 19 infections do not make those patients worse as a result of such treatment, as Dr. Fauci recently acknowledged during a briefing at the White House. As also reported in Catching up to Coronavirus: Top 60 Treatments in Development,  “[m]ost of the therapy candidates for COVID-19 . . . were vaccines that are only in animal testing stages.” Matthew R. Bailey, President, National Association... More
  • CARES Act authorizes USPTO to extend certain patent and trademark deadlines The newly-enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides patent and trademark applicants the opportunity for temporary relief from certain deadlines as more and more businesses face mandatory shutdowns due to effects of COVID-19. In the United States, many filing deadlines are set by statute. Because of that, as of the date of this writing, the United States Patent and Trademark Office (USPTO) has not yet extended patent or trademark deadlines, as it did not have authority to do... More
  • Judge Andrews Grants Defendant’s Motion to Dismiss After Finding the Asserted Claims of the Patents-in-Suit are Patent-Ineligible Under Alice Analysis By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim on the basis that plaintiff’s complaint failed to state a claim because the asserted claims of the patents-in-suit are ineligible for patent protection under 35 U.S.C. § 101. Specifically, the Court found that the asserted claims of U.S. Patent Numbers... More
  • Fox Rothschild Coronavirus Resource Center Fox Rothschild LLP has established a coronavirus resource center.  If you have questions regarding new paid sick leave obligations, whether your business is essential or not, or how to address data protection obligations while you work from home, please check our resource center. The resource page will be updated frequently with links to free webinars, alerts and blog posts. Bookmark this page and visit regularly for new and updated information.... More
  • How will the shutdown of “non-essential” businesses affect trademark rights? As “non-essential” businesses are required to close in more and more United States jurisdictions, many businesses have paused operations. This pause may interrupt continuous use of trademarks in connection with the products and services that the affected businesses offer. When renewing trademark registrations, trademark holders must declare that the trademark has been in continuous use in commerce. How might a lapse in use of a trademark during a coronavirus-related shutdown affect the trademark holder’s ability to maintain or renew a trademark registration? My... More
  • Governor Carney Issues Stay at Home Order in Delaware to Help Curb Spread of Coronavirus On March 22, 2020, Delaware Governor John Carney issued his Fourth and Fifth Modifications of the Declaration of a State of Emergency in the State of Delaware Due to a Public Health Threat. The latest Stay at Home Order follows Pennsylvania, New York, New Jersey and some other states closing nonessential business and commercial establishments in the State of Delaware. The order takes effect on tomorrow, Tuesday, March 24, 2020, at 8:00 a.m. and remains in effect “until May 15,... More