Fox Rothschild LLP

Fox Rothschild LLP is a national law firm with 950 attorneys practicing in 26 offices coast to coast. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal.

The Equality Act: Above And Beyond Bostock

By Brian McGinnis

August 2, 2021

As we’ve written before, the Supreme Court decided in Bostock v. Clayton County, Ga. that sexual orientation and gender identity discrimination is prohibited under Title VII of the Civil Rights Act of 1964. Since the Bostock decision, the EEOC has launched a new resource page on sexual orientation and gender identity, which outlines the agency’s general views with respect to enforcement in these areas. With these developments, some have questioned whether the Equality Act, which…

North Carolina Appellate Practice Blog

Officials, Immunities, and Statutes, Oh My!

By Robert Edmunds

July 30, 2021

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The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both sovereign immunity and judicial immunity. The facts are not complicated. The plaintiff rented a home to his sister and her son. The son suffered from severe mental health issues and also had been diagnosed with substance abuse disorders. When the son…

In Solvency

Circuit Split Over Constitutionality of United States Trustee Fee Increases Picks Up More Steam

By Nicholas A. Koffroth

July 29, 2021

The Snowball effect, the Domino effect, and even the Streisand effect all demonstrate the accretive impact of small changes. Though without a catchy metaphor, the tendency of Circuit splits to attract new and deviating opinions fits the concept—particularly as applied to the deepening rift between Circuits over the constitutionality of United States Trustee fee increases in the Bankruptcy Judgeship Act of 2017 (the “2017 Amendment”). A recent ruling from the United States Bankruptcy Court for…

Animal Law Update

FDA issues guidance #263 recommending that animal-approved over-the-counter medially important antimicrobial drugs are required to be overseen by veterinarians before sale and use.

By Nancy E. Halpern, D.V.M.

July 29, 2021

FDA has continued to exercise its authority, via guidance documents, which FDA says, while not legally enforceable, represent the agencies current thinking on the topic. To further the judicious use of medically important antimicrobial drugs in animals, the goal of Guidance #263 is to: (1) Limit medically important antimicrobial drugs to uses in animals that are considered necessary for assuring animal health, and (2) Limit medically important antimicrobial drugs to uses in animals that include…

Employment Discrimination Report

EEOC Launches Resource Hub on Sexual Orientation, Gender Identity

By Brian McGinnis

July 29, 2021

Last June, in Bostock v. Clayton County, Ga., the Supreme Court ruled that Title VII of the Civil Rights of 1964 prohibits discrimination in the workplace based on sexual orientation or gender identity. We covered that historic ruling, and you can find our original article here. Although the Court’s ruling was broad in a sense, it was limited in another, as the Court took pains to say that it was not deciding certain issues (such…

Wage & Hour - Developments & Highlights

FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!

By Mark Tabakman

July 29, 2021

The issue of payment (or not) for undergoing security checks has been a hot item of late, especially since the US Supreme Court issued its momentous decision in Integrity Staffing Solutions v. Busk. Now, these controversies have taken on a new tweak with COVID-related screenings. In a recent case, a group of workers are suing, requesting payment for time spent going through security and COVID-19 screenings. The Company defends by asserting that the activity is…

North Carolina Appellate Practice Blog

The Court of Appeals Returns to In-Person Arguments

By Troy Shelton

July 28, 2021

The return to normalcy continues. Back in March 2021, the North Carolina Court of Appeals issued guidelines for when in-person oral arguments could be scheduled. Then, earlier this month, our Supreme Court returned to in-person oral arguments. Now, the Court of Appeals is letting its old guidelines expire as pre-pandemic procedures return. Yesterday, the Court issued a press release announcing this good news. But the Court noted that it’s also keeping some of its…

Privacy Compliance & Data Security

PrivacyPros Podcast: Privacy Enforcement, the Network Advertising Initiative and More

By Odia Kagan

July 28, 2021

I had the pleasure of speaking recently with Jamal Ahmed on the PrivacyPros Podcast about privacy enforcement and privacy career trends. Among the questions I tried to address: What does the new Network Advertising Initiative (NAI) and its opt outs of hashed email targeted advertising mean? Why should everyone read George Orwell’s “1984” and Carol Dweck’s “Mindset”? What does the end of third-party cookies mean for data processing? Why should women overcome the often natural…

Global Dispute Resolution Insights

Strategies to Collect International Arbitration Awards

By Craig R. Tractenberg & Sarah B. Biser

July 28, 2021

Strategies to Collect International Arbitration Awards One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if an award it entered against it, the assets will no longer be available to satisfy the award. Here, we discuss a recent case in which a losing party in an international arbitration allegedly attempted to do just that, and some strategies to avoid such an…

Above the Fold

Precedential TTAB Decision Revisits Claim and Issue Preclusion

By Melissa E. Scott

July 27, 2021

In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion. Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”) application to register the mark MAXVOLINE on the sole ground of likelihood of confusion. Sunpoint moved for summary judgment based on the defense of res judicata, which people sometimes interpret as encompassing the doctrines of both claim and issue preclusion. Sunpoint argued that, in a…

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The Equality Act: Above And Beyond Bostock

Officials, Immunities, and Statutes, Oh My!

Circuit Split Over Constitutionality of United States Trustee Fee Increases Picks Up More Steam

FDA issues guidance #263 recommending that animal-approved over-the-counter medially important antimicrobial drugs are required to be overseen by veterinarians before sale and use.

EEOC Launches Resource Hub on Sexual Orientation, Gender Identity

FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!

The Court of Appeals Returns to In-Person Arguments

PrivacyPros Podcast: Privacy Enforcement, the Network Advertising Initiative and More

Strategies to Collect International Arbitration Awards

Precedential TTAB Decision Revisits Claim and Issue Preclusion

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