February 01, 2010

In the latest edition of the Spotlight Newsletter, we highlight a number of developments that may be helpful to your practice.  First, there have been a number of important recent decisions addressing the First Amendment rights of corporations.  Most notably, the Supreme Court's decision in Citizens United v. Federal Election Commission, one of the highest-profile cases of the current Term, struck down as unconstitutional limitations on corporate sponsorship of political advertising. We also discuss in this issue of the Spotlight a district court decision from Illinois that applied the First Amendment to issue a preliminary injunction prohibiting enforcement of an ordinance banning the display of certain video game ads. Second, in Electronic Discovery, we analyze a closely watched case involving an e-discovery dispute  (Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, et al.) in which Judge Shira Scheindlin of the Southern District of New York offers an instructive list of dos and don'ts for litigators handling pre-trial electronic discovery. Third, in the Spotlight this month are several noteworthy decisions on privilege issues.  We analyze several district court decisions addressing inadvertent disclosure of privileged material; a decision by the Supreme Court (Mohawk Industries v. Carpenter) holding that privilege rulings cannot be appealed prior to a final judgment under the collateral order doctrine; and a California decision holding that an opinion letter that arose from a request for legal advice was privileged in its entirety even though it discussed the results of an attorney's factual investigation. We hope that you find the case summaries in this month's Spotlight Newsletter both interesting and useful.

Full Article