This issue of GLOBALitigation offers new perspectives on electronic discovery, Foreign Corrupt Practices Act, comity and jurisdiction matters, as well as an analysis of the Obama prescription for the economy. We look forward to continuing to receive your comments and input.
- May 4, 2009
Subject Matter Jurisdiction
In an era of growing international trade, the issue of when a federal court will exercise jurisdiction over a case involving foreign corporations with a principal place of business in the United States is of escalating importance. Can a foreign corporation, with a principal place of business in the U.S., be considered only a citizen of the State in which that principal of business is located for diversity jurisdiction purposes, thus, in effect, eliminating the country of incorporation portion of corporate dual citizenship? This article will discuss how a court recently found an answer to that question.
Joseph A. Boyle, Ilona I. Korzha - May 3, 2009
International Cloud Computing Meets U.S. E-Discovery
"Software as a Service" (SaaS) offers multinational corporations the opportunity to replace their expensive and ever changing technological infrastructure with SaaS computing facilities. Since these repositories are not under the control of the company being sued, the policy and procedure, audit trails and reliability in the "cloud" are a vast improvement over a company's internal procedures. This article discusses the international cross-border e-discovery issues that threaten to rain on the cloud computing parade.
Mark L. Austrian - May 2, 2009
Using State Department Country Reports To Prevent Recognition of Negative Foreign Decisions: The Bridgeway and Koplik Cases
A recent decision by the U.S. Bankruptcy Court refused to extend international comity to certain decisions of the Indonesian courts based on United States State Department Country Reports concerning corruption in that country. The Court relied on a decision in holding that the State Department Country Reports are admissible as exceptions to the hearsay rule. These annual reports provide facts and data compiled by the State Department pursuant to law on a wide variety of issues including judicial corruption and human rights violations.
Alison L. MacGregor - April 30, 2009
The Obama Administration's Prescription for the Economy
In February, Treasury Secretary Timothy Geithner rolled out the Obama Administration's "Financial Stability Plan." The plan, in conjunction with the nearly $800 billion economic stimulus legislation Congress enacted, is designed to give a one-two punch to restore liquidity to capital markets, stabilize the financial system, address the moribund housing market, mitigate against foreclosures, and stimulate the economy. - April 29, 2009
Government Intensifying FCPA Enforcement of Pharmaceutical Industry
Consistent with public statements by enforcement officials, recent SEC filings indicate that the pharmaceutical industry is now under greater scrutiny for potential violations of the Foreign Corrupt Practices Act. - April 29, 2009
Challenges of Doing Business in India
India's positive economic outlook and regulatory reforms have made it an attractive market for foreign investors. While many barriers to foreign investment have been removed, there still remain formidable challenges for a foreign investor doing business in India. Understanding and preparing for these challenges is the key to success in India. We discuss some of the key challenges in this article.
Talat Ansari
