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On January 14, 2005, the Supreme Court granted certiorari in two cases of interest to the business community. Amicus briefs in support of petitioners will be due on Monday, February 28, 2005, and amicus briefs in support of respondents will be due on Monday, April 4, 2005.

Recently the Supreme Court granted certiorari in and consolidated two cases of interest to the business community. Amicus briefs in support of the petitioners will be due on Thursday, June 10, 2004, and amicus briefs in support of the respondent will be due on Thursday, July 15, 2004.

If a principal auditor’s report refers to and relies on the auditor of a subsidiary or equity method investee of the registrant whose audit report is required to be included in a SEC filing, the auditor of the subsidiary or investee must comply with the SEC’s independence rules, including partner rotation requirements, and the principal auditor is primarily responsible for determining and confirming compliance with these rules.

On August 4, 2005, the California Supreme Court held that pre-dispute contractual waivers of the right to a jury trial were unenforceable under California law (Grafton Partners L.P. v. Superior Court, No. S123344 ("Grafton")).

Until such time as the decision in <I>Re Spectrum Plus Limited</I><SUP>1</SUP> is successfully appealed, it will remain the case that, in many corporate insolvencies, the proceeds of a company’s book debts may have been incorrectly distributed to its fixed chargeholders (as opposed to its preferential creditors and/or floating chargeholders). This raises the question of challenging such distributions.

On August 4, 2005, the California Supreme Court held that pre-dispute contractual waivers of the right to a jury trial were unenforceable under California law (Grafton Partners L.P. v. Superior Court, No. S123344 ("Grafton")).

The House and Senate have each passed a tax bill that includes significant changes to the tax treatment of nonqualified deferred compensation, and the bills are being referred to conference. If enacted, this legislation would require every business to do a thorough review of its employee and director compensation arrangements and its executive employment agreements and, in most cases, will require substantial revisions of these arrangements.