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.

Doing the Right Thing Versus Proving You Did the Right Thing

By Nancy Yaffe

April 17, 2021

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In the words of a mediator in a recent case, “at least you get a discount for not being an @ssh%le.” Yes, many employers actually try to, and even succeed in doing the right thing. But doing the right thing, and proving you did the right thing are diametrically opposed concepts. And proving you did the right thing when plaintiff’s counsel and their client pick apart every aspect of everything you did is an uphill…

Delaware Intellectual Property Litigation

Judge Andrews Denies Defendants’ Motion to Reopen Discovery in Patent Infringement Actions with First Trial Imminent

By Gregory B. Williams

April 17, 2021

By Memorandum Opinion entered by The Honorable Richard G. Andrews in In re Chanbond, LLC, Patent Litigation, Civil Action No. 15-842-RGA (D.Del. April 16, 2021) (consolidated), the Court denied Defendants’ motion to reopen discovery to investigate whether Plaintiff Chanbond has standing in the suit given a dispute between Chanbond’s former owner, Chanbond, and Chanbond’s present owner concerning assignment of the patents-in-suit. In denying Defendants’ motion, the Court, among other things, noted that standing must be…

Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion

By Patrick M. Kane

April 16, 2021

Fox Rothschild North Carolina Appellate Specialist Beth Scherer recently blogged about an important order from Judge Robinson on the impact of a notice of appeal on the trial court’s jurisdiction. Check out her post here.…

North Carolina Appellate Practice Blog

Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion

By Beth Scherer

April 16, 2021

In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion once notice of appeal of the underlying judgment is given. In issuing its ruling, Judge Robinson rejected the plaintiffs-appellants’ assertion that “a notice of appeal does not divest the trial court of jurisdiction to hear a motion pursuant to Rule…

Pennsylvania Family Law

The Evidence of Cash Is Coming A Little Too “Laight”

By Mark Ashton

April 15, 2021

This decision issued on a non-precedential basis on April 13, 2021, represents every divorce litigator’s nightmare. Unfortunately, the decision on appeal to remand the case offers the litigants a chance to relive what happened in the 1993 Bill Murray movie “Groundhog Day”. The Laights were married forever before they separated. For much of their marriage Mrs. Laight worked at the local bank as a teller where she would study coin deposits made by customers and…

Health Care Law Matters

Proposed Amendment to NC’s CON Law Would Raise Cost Thresholds, Require Expirations

By Edward J. Cyran

April 15, 2021

This post is a courtesy of Fox Rothschild attorney, Marcus C. Hewitt, Esq., and was first published as an Alert on Fox’s website. It is most relevant for health care providers that are based in North Carolina. If you would like more information as to how this issue might affect your facility, please contact Mr. Hewitt at mhewitt@foxrothschild.com. North Carolina legislators filed another bill to amend the state’s Certificate of Need Act on April…

North Carolina Appellate Practice Blog

The End of the Horne of Plenty; Dan Horne Is Retiring This Summer

By Robert Edmunds

April 15, 2021

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Sad news for North Carolina appellate aficionados. Dan Horne, the Clerk of the North Carolina Court of Appeals, is retiring as of June 30, 2021. As he rides into the sunset, Dan takes with him an impressive amount of experience working in that Court. He began his tenure in 1990 as a law clerk for Judge (later Chief Judge) Gerald Arnold. Two years later, Dan joined the Court of Appeals Office of Staff Counsel as…

Privacy Compliance & Data Security

Users Need to Understand How Advertisers Use Their Data

By Odia Kagan

April 14, 2021

“Consumer data should be owned by the consumer. If we want to collect and use it for any marketing purpose, we must explain how we will do so – and obtain consent and permissions. (GDPR explains this quite nicely.) But to get that agreement, the consumer must understand the trade-off. They need to understand what’s in it for them and see real value in the arrangement. On the whole, I’d argue we’re not yet holding…

Privacy Compliance & Data Security

Study: Blurring Your Face Doesn’t Fool Facial Recognition Software

By Odia Kagan

April 13, 2021

About face. “Obscuring your face does not hide you from facial recognition systems, researchers have found.” “A group from the Max Planck Institute found that blurred images were still individually identifiable with just a few non-obscured images to train from. With the proliferation of images on social networks, it is possible that almost anyone’s blurred face could still be identified.” “The researchers said only 10 fully visible examples of a person’s face were needed to identify a…

Privacy Compliance & Data Security

European Auto Manufacturers: Customer Choice Should Drive Access to In-Vehicle Data

By Odia Kagan

April 11, 2021

“[T]he customer is king. And data sharing increases comfort and convenience for customers, improves products and services, and contributes to achieving societal goals such as improving road safety, reducing fuel consumption and facilitating traffic management,” says Eric-Mark Huitema Director General of European Automobile Manufacturers’ Association (ACEA). “[The] principle that should guide the future framework for access to in-vehicle data is customer choice.” “In-vehicle data sharing should be based on clear terms and conditions ensuring that…

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Doing the Right Thing Versus Proving You Did the Right Thing

Judge Andrews Denies Defendants’ Motion to Reopen Discovery in Patent Infringement Actions with First Trial Imminent

Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion

Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion

The Evidence of Cash Is Coming A Little Too “Laight”

Proposed Amendment to NC’s CON Law Would Raise Cost Thresholds, Require Expirations

The End of the Horne of Plenty; Dan Horne Is Retiring This Summer

Users Need to Understand How Advertisers Use Their Data

Study: Blurring Your Face Doesn’t Fool Facial Recognition Software

European Auto Manufacturers: Customer Choice Should Drive Access to In-Vehicle Data

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