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Court: Oracle owed interest by SAP in settlement
Business Law Info | 2010/12/29 16:50

A U.S. District Court judge said SAP AG owes Oracle Corp. interest on the $1.3 billion it has been ordered to pay Oracle for copyright infringement, Bloomberg reports.

Walldorf, Germany-based SAP said the interest works out to about $16.5 million according to the calculation ordered by U.S. District Judge Phyllis Hamilton in Oakland.

Oracle, which has its headquarters in Redwood City, says it is owed $211.7 million in interest.

A jury in November ruled that SAP should pay Oracle $1.3 billion for allowing a now-defunct subsidiary to steal Oracle-owned software in an effort to lure Oracle customers away.

The verdict was the largest jury award of 2010, the largest ever for copyright infringement and the 23rd largest of all time for any jury verdict, according to Bloomberg data.



Bank of America stops handling WikiLeaks payments
Business Law Info | 2010/12/18 19:16

Bank of America Corp. has joined several other financial institutions in refusing to handle payments for WikiLeaks, the latest blow to the secret-releasing organization's efforts to continue operating under pressure from governments and the corporate world.

The Charlotte, N.C.-based bank's move adds to similar actions by Mastercard Inc. and PayPal Inc. Though previous moves have prompted reprisals by hackers, Bank of America's site is as well-protected as they come, security experts say.

Its site was problem-free through midafternoon Saturday.

"This decision is based upon our reasonable belief that WikiLeaks may be engaged in activities that are, among other things, inconsistent with our internal policies for processing payments," the bank said in a statement Saturday. The move was first reported by The Charlotte Observer.

Earlier this month, Internet "hacktivists" operating under the label "Operation Payback" claimed responsibility in a Twitter message for causing technical problems at the MasterCard website after it ended its relationship with WikiLeaks. PayPal saw its website subject to an attack that slowed it down but did not significantly affect payments.

Bank of America's website offers access to customer accounts through its home page, but it could be a tough nut for hackers to crack, security experts say.



MGM restructuring plan approved by court
Business Law Info | 2010/12/03 10:21

Struggling U.S. movie studio Metro-Goldwyn-Mayer Inc.(MGM) said Thursday its restructuring plan has been approved by a federal bankruptcy court, allowing it to emerge from bankruptcy protection.

Under the new plan, the company's lenders will exchange nearly five billion U.S. dollars in outstanding debt, including accrued interest and fees, for most of the equity in MGM. Spyglass Entertainment Partners Gary Barber and Roger Birnbaum will become the company's new owners.

The approval is expected to end turmoil and uncertainty that have plagued the movie studio for 18 months.



Supreme Court Ends Tiffany's Fight Against eBay
Business Law Info | 2010/11/30 19:42

The Supreme Court declined to hear an appeal by Tiffany's in its ongoing suit against eBay, effectively closing the case in favor of the online auction house.

The original suit, filed in 2004 and heard in 2007, claimed that eBay was not doing enough to police its auctions for counterfeit goods.

Tiffany claimed that it purchased its own goods in random eBay auctions, and that 73 percent of the purchases were of counterfeit goods. eBay, meanwhile, had claimed that its Verified Rights Owners program satisfied the company's obligation to sell legitimate merchandise.

In 2008, eBay won the initial ruling, but Tiffany's appealed the case to an appellate court. After the court upheld the eBay decision again, Tiffany's only other recourse was an appeal to the Supreme Court.

"It is true that eBay did not itself sell counterfeit Tiffany goods; only the fraudulent vendors did, and that is in part why we conclude that eBay did not infringe Tiffany's mark," the appeals court opinion said. "But eBay did affirmatively advertise the goods sold through its site as Tiffany merchandise."

The Supreme Court denied the petition on Monday, appending a note that Justice Sotomayor took no part in the consideration or decision of the petition.



$450m class action launched against NAB
Business Law Info | 2010/11/28 18:59

A $450 million class action is being launched on behalf of National Australia Bank shareholders who lost money during the global financial crisis because of NAB's exposure to toxic debt.

Legal firm Maurice Blackburn will lodge the claim in a Victorian court tomorrow.

The firm says NAB had bought $1.2 billion in collateralised debt obligations (CDO) in 2006 which had a heavy exposure to the US sub-prime housing market.

It will allege that between early January and late July that year, NAB failed to properly disclose to shareholders all material information relating to its CDO exposure.





Companies crank up deal machine, put cash to work
Business Law Info | 2010/11/16 12:38

From Caterpillar to Chevron to Google, some of the best-known names in corporate America are scooping up smaller companies, finally putting the piles of cash they've been sitting on to use and positioning themselves for a stronger economic recovery.

The volume of mergers and acquisitions is still running well below what it was in 2007 before the Great Recession, but the burst in activity is a sign of economic vitality and shows that companies are starting to shake off some of their caution.

"Our pipeline is bursting," says Robert Profusek, head of mergers and acquisitions at the law firm Jones Day, who advised Continental Airlines when it was acquired by the parent of United for $3.2 billion. "We are gearing up for an incredible M&A boom."

M&A volume reached $2.25 trillion in the first 10 months of the year, a 28 percent increase over last year. August was the highest month on record, with $307 billion in deals, more than double August 2009, according to Dealogic, which tracks such data. October remained strong with $202 billion deals, up 32 percent from last year.




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