September 01, 2011

This month’s Spotlight covers a wide variety of developments in various areas of the law from federal and state courts around the country. 

Among other interesting decisions, we highlight a number of rulings regarding lawyers’ responsibilities to the court and to their clients, including a case in which counsel hired by an insurer to defend an insured was required to produce its file to the insurer in subsequent coverage litigation; a case enforcing a time limit for trial presentations to which counsel had not objected, despite a claim of prejudice; a case upholding sanctions imposed under a court’s inherent powers, without a specific finding of bad faith, for filing a complaint with an improper purpose; a case ordering a law firm to disclose to its client documents relating to an internal investigation into the client’s allegations that the firm mishandled the client’s matter; and an ethics opinion concluding that the Model Rules of Professional Conduct do not require an employer’s lawyer who obtains copies of emails between an employee and the employee’s attorney exchanged through a workplace account or electronic device to notify the employee’s attorney that potentially privileged emails have been accessed. We also describe yet another set of decisions addressing challenges to the new federal health care law – a fight that seems very likely to make its way to the Supreme Court in the near future.

In addition, we discuss several new and significant decisions on the requirements for establishing standing to challenge federal actions such as leasing decisions and procurement policies based on alleged climate-change injuries.

We also profile E. Lynn Grayson, Co-Chair of the Firm’s Environmental and Workplace Health & Safety Law Practice, who was recently named “Chicago Best Lawyers Environmental Lawyer of the Year.”

We hope that you find this month’s edition of our Litigation Monitor to be useful and informative.


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

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