Reviewing 5 of August's top stories
A victory for Bernie Madoff's victims, Gibson Guitar sings the blues and three more cases in the news
August 31, 2012 at 02:32 AM
5 minute read
The original version of this story was published on Law.com
Guitar Gaffe
Gibson Guitar Corp. is singing the blues—and paying $350,000—to settle claims that it illegally imported endangered wood from Madagascar and India. The Department of Justice (DOJ) raided the company's Tennessee factories last August, accusing the guitar maker of violating the Lacey Act, a law that prohibits trade in protected plants and animals.
The investigation sparked political squabbling, as some Republican pols argued that the DOJ was overstepping its bounds by enforcing foreign laws on U.S. soil. But the DOJ maintained that the Lacey Act protects endangered species from deforestation and over-harvesting.
Although it continues to maintain its innocence, Gibson agreed to pay a $300,000 fine in the case earlier this month. As part of the deal, the guitar maker will donate $50,000 to the U.S. National Fish and Wildlife Foundation and forfeit illegal wood valued at $261,844. By doing so, the company avoids trial and can resume importing Indian rosewood, a key component in many Gibson guitars.
Fee Fracas
No one likes hidden fees, and retailers nationwide are no exception. So many merchants were pleased when major banks and credit card companies, including Visa Inc. and MasterCard Inc., agreed to pay $7.2 billion to settle allegations that they conspired to fix so-called “swipe fees,” usage fees associated with credit and debit card transactions. But the settlement, despite being the largest antitrust settlement in history, drew criticism from Wal-Mart, Target and the National Association of Convenience Stores, which argued that it still permitted credit card companies to raise swipe fees in the future.
In spite of this resistence, co-lead counsel Craig Wildfang says the plaintiffs will proceed with the settlement as is. “We're going as fast as we can–not as fast as we'd like, but we're making progress,” Wildfang told U.S. Magistrate Judge James Orenstein during a hearing in Brooklyn federal court.
Samsung Scuffle
This month saw the end of a seemingly endless patent struggle between Apple Inc. and Samsung Electronics. The saga began more than a year ago, when Apple first sued its fellow electronics manufacturer for purportedly copying iPhone and iPad technology with its Galaxy devices. Samsung countered with a lawsuit of its own, alleging that some of Apple's 3G products infringed several Samsung patents.
During the back-and-forth battle, a South Korean court ruled that both parties were guilty of infringement. But a California jury reached a slightly different verdict last week, taking less than three days to find that Samsung had indeed violated six Apple patents and was liable for $1.05 billion. Never a company to rest on its laurels, just days later, Apple asked a judge to issue a preliminary injunction blocking the sale of eight Samsung products, including some Galaxy and Droid smartphones.
Madoff Muddle
Even in the world of frequent financial scandals, Bernie Madoff's name still looms large. Nearly four years after Madoff's Ponzi scheme came to light, bankruptcy trustee Irving Picard is still fighting to distribute money to the disgraced financier's former clients.
It's been slow going to recover the $18 billion that Madoff reportedly lost, but Picard made some progress last week, when U.S. Bankruptcy Judge Burton Lifland approved his request to release $2.4 billion to former customers. The court ruled that Picard only has to reserve three percent of the fund for interest, as opposed to the nine percent that some customers had demanded.
Meanwhile, the Madoff case has spawned several other lawsuits. Last November, two Madoff victims filed a $19 billion class action suit against JPMorgan, claiming that the bank knowingly helped to cover up fraud at Madoff Investment Securities LLC. And the owners of the New York Mets baseball team paid $162 million to settle allegations from Picard that the team knew of the financier's fraud, but still continued to invest with him.
Settlement Snag
Between its underwhelming IPO and a recent spate of litigation, it's been a tough few months for Facebook. A federal judge only added to the company's headaches by rejecting a proposed settlement in a case involving its “Sponsored Stories” advertising section.
A group of users sued the social-media giant, claiming that it violated California law by publicizing users' “likes” of businesses in the ad section without their permission. Facebook ultimately agreed to pay $10 million to charity to settle the case, arguing that the large number of plaintiffs made it nearly impossible to dole out individual damages. But U.S. Judge Richard Seeborg subsequently rejected the deal, writing in his opinion that “merely pointing to the infeasibility of dividing up the agreed-to $10 million recovery … is insufficient, standing alone, to justify resort purely to cy pres payments.” He said the parties could modify the agreement to address his concerns.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLululemon Faces Legal Fire Over Its DEI Program After Bias Complaints Surface
3 minute readOld Laws, New Tricks: Lawyers Using Patchwork of Creative Legal Theories to Target New Tech
Lawsuit Against Amazon Could Reshape E-Commerce Landscape
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250