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$1.3 Billion Settlement Reached in Toyota Acceleration Class | The Recorder (Vanessa Blum)

Toyota Motor Corp. has agreed to pay more than $1 billion to settle multi-district litigation over financial losses associated with acceleration problems reported in some Toyota and Lexus vehicles.

The Japanese car maker and plaintiffs lawyers filed a copy of their proposed settlement Wednesday in federal court in Orange County.

Under the settlement, Toyota agreed to pay $250 million to compensate class members for economic losses suffered because they sold or traded in a vehicle or terminated a lease during a period when the car’s value was diminished due to negative publicity.

In addition, Toyota has agreed to provide free installation of brake override systems for many Toyota and Lexus models — a benefit expected to cover more than three million cars at an estimated expense of roughly $400 million. For car owners not eligible for the free system upgrade, Toyota agreed to establish a $250 million fund in lieu of the installation.

The settlement also provides for enhanced customer support to class members, such as extended warranties for vehicle repairs, and a $30 million program to fund automobile safety research at universities and driver education.

The settlement does not resolve pending personal injury cases.

Plaintiffs lawyers placed the total value of the settlement at roughly $1.3 billion, calling it “a landmark, if not record, settlement in automobile defect class action in the United States.”

via $1.3 Billion Settlement Reached in Toyota Acceleration Class.

Instagram sued over new terms of service | TG Daily (Emma Woollacott)

Instagram has been hit with a class-action lawsuit following its decision to change its terms of service.

Earlier this month, the Facebook-owned photo sharing company caused an outcry when it appeared to award itself rights over all the photos posted by its users – along with the right to sell them to third parties.

It’s backtracked – to a certain degree – since then.

However, this isn’t enough for Lucy Funes of San Diego. In a lawsuit filed with the San Francisco District Court, Instagram is accused of making a “grab for customer property rights.”

“The New Terms transfer valuable property rights to Instagram while simultaneously relieving Instagram from any liability for commercially exploiting customers’ photographs and artistic content, while shielding Instagram from legal liability,” the suit reads.

It points out that, while users can quit Instagram if they don’t like the new terms, they then can’t retrieve their pictures, which remain Instagram’s property.

via Instagram sued over new terms of service | TG Daily.

Highlights of the government’s new FCPA Resource Guide – Lexology (Akerman Senterfitt)

The United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) recently released the long awaited joint guidance on the Foreign Corrupt Practices Act (“FCPA”) in the form of a 130 page publication titled “A Resource Guide to the US Foreign Corrupt Practices Act” (the “Guide”). The Guide provides a detailed analysis of the FCPA and closely examines the SEC and DOJ’s approach to FCPA enforcement.

The Guide addresses a wide variety of topics under both the anti-bribery and the accounting provisions of the FCPA including, the definition of a “foreign official,” gifts, travel and entertainment expenses, facilitating payments, successor liability in mergers and acquisitions, and effective compliance programs. On these and other topics, the Guide takes a multi-faceted approach toward setting forth the statute’s requirements and providing insights into the SEC and the DOJ enforcement practices. It uses hypotheticals, examples of enforcement actions and matters that the SEC and DOJ have declined to pursue and summaries of applicable case law and DOJ opinion releases.

Although the Guide is not legally binding and could not answer every fact specific question, it does offer helpful information to companies transacting business in foreign countries. This Practice Update highlights several key takeaways from the Guide.

via Highlights of the government’s new FCPA Resource Guide – Lexology.

Police Dept. to Use Internet to Try to Stop Shootings – NYTimes.com

Top intelligence officials in the New York Police Department met on Thursday to examine ways to search the Internet to identify potential “deranged” gunmen before they strike, Police Commissioner Raymond W. Kelly said.

“The techniques would include cyber-searches of language that mass-casualty shooters have used in e-mails and Internet postings,” Mr. Kelly said in a statement. “The goal would be to identify the shooter in cyberspace, engage him there and intervene, possibly using an undercover to get close, and take him into custody or otherwise disrupt his plans.”

The meeting came almost a week after a gunman killed 26 people, 20 of them children, inside Sandy Hook Elementary School in Newtown, Conn.

via Police Dept. to Use Internet to Try to Stop Shootings – NYTimes.com.

A Million Users Desert BlackBerry, and Revenue Falls 48% – NYTimes.com

Research in Motion said on Thursday that it lost a million BlackBerry owners worldwide during the company’s last financial quarter, the first such decline in the device’s history.

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Robert Galbraith/Reuters

Thorsten Heins of Research in Motion and a BlackBerry 10, which could revive the company.

It reported other bad news as well, a month before introducing its new BlackBerry 10 phones to the public. Revenue fell 48 percent in the company’s fiscal third quarter, ended Dec. 1, to $2.7 billion from $5.2 billion a year earlier.

After a favorable tax gain, RIM reported net income of $9 million, or 2 cents a share. A year ago during the same period, RIM earned $265 million, or 51 cents a share. The company said that using nonstandard accounting methods to adjust for the tax gain and other pretax charges led to an adjusted net loss of $114 million for the third quarter, or 22 cents per share.

via A Million Users Desert BlackBerry, and Revenue Falls 48% – NYTimes.com.