Cole Schotz P.C

In another blow to those defending website accessibility cases, brought by legally blind or visually impaired plaintiffs under the Americans with Disabilities Act (ADA), the United States Court of Appeals for the Ninth Circuit recently reversed the dismissal of a lawsuit filed pursuant to Title III of the ADA in the United States District Court for the Central District of California.  In Robles v. Domino’s Pizza, Case No. 17-5504, the plaintiff, a blind man, alleged…
Whenever estate planning involves the transfer of a business or real estate, environmental issues can be important drivers. Owners and operators of real property are strictly liable for the remediation of any contamination on the property regardless of who caused the contamination. Often families are unaware of the environmental obligations and liabilities associated with their properties and businesses. This is especially the case for long-held family businesses and real estate. Planning requires getting an understanding…
After months of uncertainty and delay, the Governor and state legislative leaders have reached an agreement on a package of bills to legalize the adult use and sale of cannabis, expand the medical marijuana program and reform the expungement process for prior cannabis convictions in the State of New Jersey. On Monday, March 18, 2019, the Assembly Appropriations Committee and Senate Judiciary Committee will hold hearings on the foregoing bills which, as written, include the…
Upcoming Committee Formation Meeting: Thursday, March 21 Case Name: 19-10479 (KG) Location: Delaware State Bar Association 405 King Street, 2nd Floor Wilmington, DE 19801 Notice of Formation Meeting for Official Committee of Unsecured Creditors can be found here. See the petition for relief . Contact Norman L. Pernick, G. David Dean or Myles R. MacDonald for more information regarding this matter.…
Last week, the U.S. Department of Labor (“DOL”) proposed an increase to the salary threshold required for executive, administrative and professional workers to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”).  Currently, the minimum annual salary figure required to qualify for such “white collar” exemptions is $23,660; that number is now expected to increase to $35,308 per year, or $679 per week.  While the increase is substantial, it remains lower than the…
Upcoming Committee Formation Meeting:Wednesday, March 20 Case Name: 19-10488 (LSS) Location: The Doubletree Hotel 700 King street Wilmington, DE 19801 Notice of Formation Meeting for Official Committee of Unsecured Creditors can be found here. See the petitions for relief. Contact Norman L. Pernick, G. David Dean or Myles R. MacDonald for more information regarding this matter.…
On March 5, 2019, Scott Gottleib, the Commissioner of the Food and Drug Administrations (FDA) announced his resignation as of the end of March, 2019. This follows his recent statements as to the effect of the changes in law with respect to hemp under the 2018 Farm Bill (the “Farm Bill”). Under the Farm Bill, hemp, which is now defined as the plant Cannabis sativa L. and all derivatives of the hemp plant, with extremely…
CTI Foods, LLC, along with sixteen affiliates and subsidiaries, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 19-10497).  CTI, headquartered in Saginaw, TX, is one of the leading independent providers of custom food solutions to major chain restaurants in North America.  According to the First Day Declaration, CTI has filed as a result of competitive pressures combined with increased debt…
Z Gallerie, LLC and Z Gallerie Holding Company, LLC, have filed petitions for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 19-10488).  Although a First Day Declaration has not yet been filed, the Debtors have issued a press release announcing that they intend to close as many as seventeen stores and will seek approval of $28 million in DIP Financing to be provided by their existing secured…
For years, copyright owners have faced uncertainty as to when they could file a copyright infringement claim. Title 17 U.S.C. § 411(a) states that “no civil action for infringement of the copyright in any United States work shall be instituted until … registration of the copyright claim has been made in accordance with this title.” Courts had been split as to whether this required an issued registration before suit (the “registration approach”), or whether just…