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Recently the Supreme Court granted certiorari in two cases of interest to the business community. Barring extensions, amicus briefs in support of the petitioners will be due on August 11, 2005, and amicus briefs in support of the respondents will be due on September 15, 2005.

This article explores some of the special issues that may arise when litigation in the United States requires a party to produce electronic documents located in India. Indian corporations and Indian subsidiaries to U.S. corporations may be unfamiliar with how the discovery process operates in the United States, and the special problems associated with electronic discovery present further challenges.

On November 10, the Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioner are due on Friday, December 26, 2003, and amicus briefs in support of the respondent are due on Friday, January 30, 2004

The German Supreme Court ruled that U.S. companies with its management centre in Germany have legal capacity. The new ruling has a fundamental impact on corporate and tax law and may achieve avoidance of German co-determination.

Although many legal aspects have to be observed within the course of the sale of distressed loans, there are no legal obstacles in Germany which would bar such sales.

New rules regarding privacy and the use of information for marketing purposes are creating difficulties for marketers in the E.U. as well as the U.S.

Earlier this month, outside directors of WorldCom and Enron agreed to use their personal funds to settle shareholder litigation arising from the collapse of their companies. In the WorldCom case, ten former directors agreed to supplement $36 million supplied by their D&O insurance by paying $18 million of their own money, or about 20% of their aggregate personal net worth (excluding certain assets such as their primary residences and retirement accounts) even though they collectively lost ab

On October 4, 2005, the IRS published proposed regulations (the "Proposed Regulations") relating to the nonqualified deferred compensation rules imposed by Section 409A of the Internal Revenue Code.

Last fall, Section 409A was added to the Internal Revenue Code of 1986, as amended (the "Code"). Section 409A sets forth certain rules that must be satisfied with respect to nonqualified deferred compensation plans in order to avoid significant penalties for the employees participating in such plans.

With its decision of 5 October 2004 the <I>Bundesgerichtshof </I>(Federal Supreme Court) of Germany (the "Court") has abandoned its decisional practice that the scope of a product market due to legal principles is geographically limited to the territory of Germany. In its decision the Court recognizes the concept of market definition based on economic principles and acknowledges that product markets may be transnational.