May 01, 2011

In this edition of The Spotlight, we discuss a number of notable developments.  Among other things, we report on two significant Federal Circuit rulings in the area of Intellectual Property:  an opinion clarifying the contempt standard, and an order granting a rehearing en banc to settle an issue regarding the scope of the joint infringement rule.  (See Intellectual Property.)

We address several recent developments in the ever-evolving area of e-discovery, including the Sedona Conference’s new set of principles for the preservation and production of databases.  We also report on a few noteworthy discovery rulings, including one case where the court ordered sanctions because senior management was willfully blind to the spoliation of emails, and another where the court ordered a party to reproduce nearly 12,000 electronic documents. (See Electronic Discovery.) 

We discuss a number of cases that could have a significant impact on certain statutory claims, including an opinion of first impression regarding the Airline Deregulation Act’s preemption of state-law claims against foreign airlines (See Antitrust Litigation), a divided decision concerning federal jurisdiction over Telephone Consumer Protection Act claims (See Class Action), and the Supreme Court’s grant of certiorari to decide the arbitrability of Credit Repair Organizations Act claims (See Arbitration).

We highlight a number of areas this month where courts have recently addressed similar issues only to reach differing results.  For example, the Tenth Circuit and the Illinois Supreme Court came to conflicting conclusions with respect to the issue of whether relief offered before a class-certification motion moots a case (See Class Action).  And, a New York federal district court and the New Jersey Supreme Court reached different results with respect to cases relating to the misappropriation of confidential information for use in litigation.  (See White Collar Defense & Investigations.)


David J. Bradford and Craig C. Martin
Co-Chairs Jenner & Block Litigation Department

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