October 01, 2010

In this edition of The Spotlight, we feature interesting decisions from around the country on arbitration issues, class actions, patent law, and other topics. On the arbitration front, courts have recently held that the issue of the enforceability of a contract containing an arbitration clause is a matter for the arbitrator; that arbitration is not an action subject to state statutes of limitation; and that parties cannot opt out of the implementing legislation to the New York Convention. With respect to class actions, the Ninth Circuit has held that fee petitions must be filed before the due date for submitting objections to a proposed settlement, and the Seventh Circuit has held that FACTA does not apply to electronic receipts provided to a consumer by email. In the patent context, the en banc Federal Circuit took a narrow view of the patent misuse defense. We hope that you find our report of these and other recent decisions useful and informative.


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