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

  • Virulent Newcastle Disease-Continued Outbreak in California A virulent form of Newcastle disease (vND), “a contagious and fatal viral disease affecting the respiratory, nervous and digestive systems of birds and poultry,” as described on USDA’s Virulent Newcastle Disease webpage has been confirmed in 93 cases in backyard exhibition chickens and turkeys by USDA since May 18, 2018. The last outbreak of vND started in 2002 infecting 22 commercial premises and hundreds of backyard flocks, at a cost of over $180 million dollars to eradicate the outbreak, officially ending... More
  • The District of Delaware Adds Two New District Judges The Honorable Colm F. Connolly and The Honorable Maryellen Noreika both were sworn in as District Judges on the United States District Court for the District of Delaware this week.  They became the 26th and 27th individuals in the history of the Court to be appointed as District Judges. The Court announced that Judges Connolly and Noreika will begin to be assigned new cases on August 15, 2018.  The Court will be eliminating the Vacant Judgeship (“VAC”) docket.  VAC cases that are currently assigned... More
  • 9th Circuit BAP: Debtor Lacks Standing to Appeal Order Reopening Bankruptcy Case Yesterday, the Bankruptcy Panel of the Ninth Circuit Court of Appeals issued yet another decision related to standing and rights to appeal bankruptcy court orders.  In Bray v. U.S. Bank National Association, (In re Bray), the Ninth Circuit BAP considered a chapter 7 individual debtor’s appeal from an order reopening his involuntary chapter 7 bankruptcy case.  See Bray, B.A.P. No. CC-17-1373-SKuF (9th Cir. BAP Aug. 7 2018). Our prior blog posts on similar decisions from the Ninth Circuit regarding rights and standing... More
  • Judge Finds Florida’s Medical Marijuana License Structure Unconstitutional I’ve written a post for Fox’s In the Weeds blog.  See my post which addresses a recent Court ruling that upends Florida’s medical marijuana license system.   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
  • For the Defense: State Courts Reject the Ponzi Scheme Presumptions in Fraudulent Transfer Actions Bruce J. Borrus writes: Bernie Madoff in New York, Tom Petters in Minneapolis, Allen Stanford in Houston, and Darren Berg in Seattle lead a rogues’ gallery of infamous Ponzi schemers.  All are now serving time in prison.  But the civil litigation arising from their Ponzi schemes and the Ponzi schemes of other less notorious fraudsters is not over.  Ponzi schemes have spawned thousands of fraudulent transfer cases.  Anglo-American fraudulent transfer law has a long history dating back four centuries to the... More
  • Chief Judge Stark Denies Wabtec’s Motion for Preliminary Injunction Seeking to Enjoin Alleged Infringement through Sale of Competitive Product By Memorandum entered by The Honorable Leonard P. Stark in Westinghouse Air Brake Technologies Corp. v. Siemens Industry Inc., Civil Action No. 17-1687-LPS (D.Del. August 2, 2018), the Court denied Plaintiff Westinghouse Air Brake Technologies Corporation’s (d/b/a Wabtec Corporation) Motion for Preliminary Injunction to enjoin Defendant Siemens Industry, Inc. (“Siemens”) from infringing claims 4, 6 and 24 of U.S. Patent No. 8,478,463 (“the ‘463 patent”) by selling the on-board unit component of Siemens’ positive training control (“PTC”) system, known as... More
  • Guest Post by Richard L. Cupp Jr. “Edgy Animal Welfare” Edgy Animal Welfare Denver Law Review (Forthcoming) Pepperdine University Legal Studies Research Paper No. 2018/11 16 Pages Posted: 24 Jul 2018 Richard L. Cupp Pepperdine University School of Law Date Written: July 18, 2018 Abstract Legal animal welfare proponents should not reject out-of-hand reforms that may be celebrated by some as steps toward a radical version of animal rights. Rather, animal welfare proponents should consider the costs, risks, and benefits of all potential reforms. Some potential reforms’ risks and costs outweigh their benefits. But, both to improve animals’ welfare... More
  • Fifth Circuit: Debtor Judicially Estopped for Failure to Disclose Asset In a recent opinion, the Fifth Circuit affirmed a district court ruling that found that a debtor was judicially estopped from claiming a stay violation by a mortgagee, who foreclosed on the debtor’s property, due to the debtor’s failure to disclose the affected property or his putative claims in his bankruptcy. The Fifth Circuit explained that the “doctrine of judicial estoppel is equitable in nature and can be invoked by a court to prevent a party from asserting a position in... More
  • Chancery Departs from Merger Price in Appraisal Action, Finding Flaws with Sales Process The highly publicized Dell and DFC Global appraisal opinions issued by the Delaware Supreme Court in 2017 inform that where a company is sold in a clean M&A auction process, with information sufficiently disseminated to potential bidders, the merger price will be given significant weight, leaving it to the trial court to decide just how much weight that should be in this case.  For a review of prior blog posts addressing the Dell and DFC Global decisions, click here and here, respectively. Since Dell and DFC Global, several Court of Chancery... More
  • Florida’s Medical Marijuana Director Resigns While Florida’s medical marijuana business appears to be booming by many metrics, there have been repeated delays and hiccups in the roll out of Florida’s program.  See my earlier post for details. Now, almost two years after Florida’s program got underway, the director of Florida’s Office of Medical Marijuana Use, Christian Bax, has abruptly resigned.  As I’ve previously noted, Florida’s program has been plagued by an extremely limited number of medical marijuana licenses and litigation issues related to smoking, patient growing, and... More
  • Dear Debtor – Give Careful Consideration to Car Lease Assumption Debtors generally file a bankruptcy petition seeking a fresh start, free from their personal debts.  Debtors have the option to agree to pay certain debts to retain a car or other property through reaffirmation agreements and lease assumption.  Reaffirmation or lease assumption may seem like a good option at the time – when for instance a debtor wants to keep his current car.   However, whether he should enter into such an agreement should be given careful consideration as to the debtor’s ability to make payments going forward.  Once a... More
  • How Bankruptcy Effects Rights Under Trademark Licenses When a trademark licensor files for bankruptcy, can the licensees of their trademarks continue using those marks, or does the licensor have the right to prohibit their continued use? On Fox’s Above the Fold blog covering advertising law, partner Elizabeth Patton recently wrote a post discussing this open question, which sits at the heart of a case that may be heard by the U.S. Supreme Court. We invite you to read Elizabeth’s post covering the case and its potential impact: How Bankruptcy... More
  • Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – E204-2017 Sustainable Project Exhibit The new E204 Sustainable Projects Exhibit addresses the risks and responsibilities unique to projects involving sustainable design and construction. The AIA has taken many of the provisions  found in various AIA contract documents related to sustainable projects and has created a single exhibit. The procedures and terminology related to sustainable projects is identical the former provisions, but now those provisions are organized in a single exhibit. The E204 has been developed for use on projects in which the Sustainable Objective includes obtaining... More
  • Concerns about the validity and use of genetic testing in animals. I have previously described concerns about the lack of validation of genetic tests to refute the pedigree registration status of purebred dogs.  As several courts have held, genetic testing is currently not dispositive of pedigree registration status.  See, e.g., Sandra Shines v. Furry Babies Stratford Square, Inc., No. 13-3592, slip op. at 9 (Ill. 18th Jud. Cir. Jan. 22, 2014) (finding DNA test results unreliable to support plaintiff’s claim that the Cocker spaniel in dispute was a mixed breed). It looks... More
  • Judge Sleet Denies Prevailing Defendant’s Motion for Attorneys’ Fees and Expenses Against the Non-Practicing Entity and Inventor of Patents-in-Suit Plaintiff By Memorandum and Order entered by The Honorable Gregory M. Sleet in Rothschild Mobile Imaging Innovations, LLC v. Mitek Systems, Inc. et al., Civil Action No. 14-617-GMS (D.Del. July 27, 2018), the Court denied defendant Mitek Systems, Inc.’s motion for attorneys’ fees and expenses pursuant to 35 U.S.C. § 285, 28 U.S.C. § 1927, and the court’s inherent power. Although the parties did not dispute and the Court recognized that Mitek is the prevailing party as required by 35 U.S.C.... More