Legal Documents Reveal AT&T Has Exclusive IPhone Rights Until 2012 | DailyTech

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Those who follow the smartphone industry knew that Apple and AT&T had a very tight contract with the iPhone which has compelled the electronics maker to stay AT&T exclusive to date.  However, it was unclear just how long that contract was good for, until now. According to unsealed court documents, AT&T has exclusive rights to sell the iPhone in the U.S. until 2012.

The documents come from a California antitrust class action lawsuit.  The plaintiffs claim that Apple attempted to create an illegal monopoly in 2007 when it failed to reveal that the secret deal would make it impossible for them to transfer their phones to other carriers in 2 years, without unlocking.

The case also accuses Apple of antitrust violations for blocking third party applications, a concern that still exists thanks to Apple’s blocking of Flash and Flash ports, actions the U.S. Federal Trade Commission is currently examining for antitrust violations.

via DailyTech – Legal Documents Reveal AT&T Has Exclusive IPhone Rights Until 2012.

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Lawyers Vie For Lead Roles in Toyota Suits | Orange County Business Journal

Mark Robinson of Newport Beach’s Robinson, Calcagnie & Robinson Inc. and Wylie Aitken of Santa Ana’s Aitken Aitken Cohn are among those seeking to lead Toyota litigation being consolidated in Santa Ana.

Federal Judge James Selna on Thursday is expected to select a committee of lawyers to lead suits against Toyota’s U.S. arm in Torrance. He’s expected to pick from more than 100 lawyers vying for an expected five lead spots. More than a dozen other lawyers are set to be tapped for supporting roles.

“This is obviously going to be a very major case involving a tremendous amount of legal talent,” said Aitken, founder of Aitken Aitken Cohn.

At stake is a pot of money estimated at $200 million to $500 million in lawyers fees that would be split among the lead and supporting lawyers.

Robinson, senior partner at Robinson, Calcagnie & Robinson, has applied to lead personal injury litigation against Toyota. He and other lawyers submitted their bids last month.

Judge Selna has “given criteria in his order and a lot of people have applied,” Robinson said. “We’ll see what happens.”

Aitken has applied to lead litigation related to the economic impact of Toyota’s recalls. Lawsuits there charge that Toyota vehicles lost value for owners and dealers after recall.

via Lawyers Vie For Lead Roles in Toyota Suits | Orange County Business Journal.

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Best, Best & Krieger Ditches Paper | Law Technology News

Best, Best & Krieger is a full-service law firm with nearly 200 attorneys in eight offices across California. We focus on complex legal issues facing public agencies, businesses, and individuals and we take very seriously decisions about how to safeguard our information found on paper and in electronic files. Yet we also strive to be as prudent as possible in our IT spend.

Like many law firms, BB&K saw the need to evaluate our continuing reliance on paper. We looked at the risk of potentially losing vital case files through an event like a fire or flood, along with the inefficiencies of handling and physically storing paper, and made the decision to use less paper and find more effective ways to create, use, and archive electronic files.

One of the first steps we took in implementing a policy of paper reduction involved standardizing the electronic format for information storage. We use Microsoft Office Suite to create and exchange files electronically. Unfortunately, these authoring formats lack the security features legal professionals need because a document's original content can be easily changed.

The Portable Document Format is an ideal way to share and store information because it maintains the integrity of a digital document while also providing secure, reliable access both internally and with outside counsel and courts. PDF is an open standard and our firm decided to look at our options in PDF creation and editing software that could meet both our business needs and budget.

We had copies of Adobe Acrobat PDF software on some desktops but determined it was not the best fit for our organization. With a mix of non-graphics professionals — like attorneys and firm management — it became clear that Adobe's one-size-fits-all approach would not meet our requirements. We selected Nuance PDF Converter Professional over the competition because it was competitively priced, reasonably licensed and delivers the core application capabilities found in Acrobat. We deployed 425 copies of PDF Converter Professional throughout the firm, saving approximately $135,000 compared to the costs that a similar sized deployment of Adobe Acrobat would have incurred.

via Law.com – Best, Best & Krieger Ditches Paper.

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Parties in Toyota Securities Suit Told to Resolve Discovery Fight | National Law Journal

A federal judge in Los Angeles has declined a request by plaintiffs lawyers in a shareholder class action to force attorneys for Toyota Motor Corp. to turn over documents that were provided to Congress, which has been investigating vehicle recalls associated with sudden unintended acceleration defects.

Instead, U.S. District Judge Dale Fischer of the Central District of California on Monday ordered the parties to reach a discovery agreement on their own within a week.

The suit, filed on Feb. 8, is the first shareholder class action to allege that Toyota’s executives and directors made false and misleading statements to shareholders regarding the defects. The recall caused Toyota’s stock price to drop from $90.42 on Jan. 21 to $71.78 on Feb. 4.

In court documents, lawyers for the plaintiff, Harry Stackhouse, had asked Fischer to lift a stay on discovery and instead order that documents relevant to the case be preserved or turned over. Under securities law, discovery is stayed in a shareholder case if a judge has yet to rule on pleading motions, such as a motion to dismiss.

To support their argument, the lawyers pointed to “serious allegations” that Toyota failed to disclose the defects. They specifically mentioned a $16.4 million fine that the National Highway Traffic Safety Administration imposed after finding that Toyota waited four months to report the defects.

via Law.com – Parties in Toyota Securities Suit Told to Resolve Discovery Fight.

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Dukes v Wal-Mart Stores | Ninth Circuit Court of Appeals Opinion| Judge Michael D. Hawkins

http://www.ca9.uscourts.gov/datastore/opinions/2010/04/26/04-16688.pdf

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High Court to Decide if Calif. Can Regulate Video Games | Law.com

The U.S. Supreme Court, wading into a clash between free-speech rights and laws protecting children, agreed Monday to decide whether California can ban the sale or rental of violent video games to minors.

The court will review a federal court’s decision to throw out California’s ban. The 9th U.S. Circuit Court of Appeals in San Francisco said the law violated minors’ constitutional rights under the First and Fourteenth amendments.

California’ law would have prohibited the sale or rental of violent games to anyone under 18. It also would have created strict labeling requirements for video game manufacturers. Retailers who violated the act would have been fined up to $1,000 for each violation.

The law never took effect, and was challenged shortly after it was signed by Gov. Arnold Schwarzenegger. A U.S. District Court blocked it after the industry sued the state, citing constitutional concerns.

Schwarzenegger said he was pleased the high court will review that decision. “We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions, just as we already do with movies,” the governor said.

Opponents of the law note that video games already are labeled with a rating system that lets parents decide what games their children can purchase and play. They also argue that the video games — which the Entertainment Software Association says were played in 68 percent of American households — are protected forms of expression under the First Amendment.

The decision to hear this case comes only a week after the high court voted overwhelmingly to strike down a federal law banning videos showing animal cruelty. The California case poses similar free speech concerns, although the state law is aimed at protecting children, raising an additional issue that could affect the high court's consideration.

Michael D. Gallagher, president of the Entertainment Software Association, said video games should get the same First Amendment protections as the court reaffirmed last week for videos.

Given last week’s ruling, “we are hopeful that the court will reject California’s invitation to break from these settled principles by treating depictions of violence, especially those in creative works, as unprotected by the First Amendment,” he said.

via Law.com – High Court to Decide if Calif. Can Regulate Video Games.

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Customers sue Countywide over insider data theft – Security

Sixteen Countrywide Financial customers have filed a class action suit related to the insider theft and subsequent sale of information. The suit, filed in Ventura County Court in California, seeks millions in damages and the release of information.

The plaintiffs are suing for invasion of privacy and the exposure to identity theft, after Countrywide Financial employees stole and sold “tens of thousands, or millions” of customers’ financial records. Along with a $20 million dollar settlement for invasion of privacy and aiding and abetting, plus punitive damages, the class action also inquires as to if Countrywide merely aided and abetted the theft, or if it was an architect of the plan.

As written, the suit wants to know “whether the dissemination was intended as a plan or scheme, or was intentional; whether any of the defendants was simply aiding and abetting, rather than an architect of the plan to disseminate the personal information.”

In 2008, “coincidentally after they sold their mortgage portfolios under wrongful and fraudulent ‘securitization pools,’ and coincidentally after their mortgage portfolio went into massive default as a result thereof,” the suit says, Countywide learned that one of their own had illegally accessed and sold customer information.

After an investigation, the FBI arrested Rene L. Rebollo Jr. (36), of Pasadena, who was a former employee of Countrywide Home Loan. According to both the FBI and statements from Rebollo, he used his access to Countrywide’s computer databases to collect account information and sell it. Over two years, the sales of this information netted him about $50,000 to $70,000 USD.

At the time of the initial reports, it was discovered that an IT policy breakdown failed to detect the download of more than 2 million records. The preventative measure was to seal the USB ports on systems used by employees, opting for a physical barrier, instead of policy lockdowns and hardened DLP. One system was missed, and Rebollo used it to download the data.

However, the class action claims Countrywide was slow to admit to the data breach, and when they came clean they offered little help. The allegations in the court records say that one of the reasons for the delay was to “gain time and money”.

“Countrywide delayed several months before informing their customers. Finally, Countrywide informed only certain of their customers by letter and offered in settlement to refer the customers/borrowers to counseling, when it was Countrywide that needed to review and repair its internal procedures and it was Countrywide that needed to repair damages done to the credit of its customers.”

via Customers sue Countywide over insider data theft – Security.

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Toyota Documents Show It Knew of Pedal Flaws in 2006 | BusinessWeek

Toyota Motor Corp. knew about flaws that could cause unintended acceleration more than 3 1/2 years before it recalled cars and trucks to fix the defects, according to company timelines.

Toyota, the world’s largest automaker, learned that floor mats could entrap accelerator pedals as early as Feb. 7, 2006, and that pedals could stick five months later, according to documents dated March 24 that were submitted the National Highway Traffic Safety Administration and obtained today.

The timelines show what Toyota has said was a slow response that led to the recall of more than 8 million vehicles worldwide starting last year to repair the two types of acceleration- related defects.

The first report was from a model year 2005 Prius hybrid “regarding floor mat interference with an accelerator pedal,” according to the documents, which were sent by the carmaker to the safety agency.

Toyota appointed a chief quality officer for North America and gave the regional officials more authority in making safety- related decisions following U.S. inquiries into the recalls.

“We are not going to elaborate on any documents provided to NHTSA,” Toyota said today in an e-mail statement. “We’ve already acknowledged on several occasions that the company did a poor job of communicating during the period preceding our recent recalls.”

Toyota, based in Toyota City, Japan, began recalls for the two pedal-related defects after an Aug. 28 Lexus sedan crash killed off-duty California Highway Patrol officer Mark Saylor and three family members when a floor mat jammed down the accelerator pedal.

via Toyota Documents Show It Knew of Pedal Flaws in 2006 (Update2) – BusinessWeek.

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Making E-discovery an Internal Function | ComputerWorld.com

NBC Universal is one of the largest media and entertainment companies in the world. Chief Information Security Officer Jonathan Chow and his team manage information security for several business lines within NBCU, including its broadcast and cable television to film production, online ventures and its two theme parks in Hollywood, California and Orlando, Florida. Among one of the biggest challenges in the last few years has been the incredible explosion in demand for e-discovery services, according to Chow.

Since different legal teams handle the needs of each line of business, the workflows associated with managing electronic discovery vary as well, adding another layer of complexity. And because of the growing number of cases, and increases in both the amount of electronically stored information and hours spent supporting the process, demand for e-discovery services has increased 30 to 50 percent annually. The costs were spiraling out of control and this sent Chow looking for a way to manage the process internally.

[continued] Making E-discovery an Internal Function.

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Attorneys Argue Over Venue for Toyota Litigation | Law.com

More than 100 lawyers packed a downtown San Diego federal courtroom on Thursday to hear arguments about which court is best prepared to hear the increasing number of lawsuits filed against Toyota Motor Sales USA Inc. over sudden unintended acceleration in millions of its vehicles.

In all, 24 lawyers made brief statements before a panel, arguing for courts and judges in California, Louisiana, Kentucky, Ohio, Minnesota, Florida, South Carolina, West Virginia and New Jersey.

Cari Dawson, a partner at Alston and Bird who is lead counsel for Toyota, argued for the Central District of California, where one-third of the cases have been filed and where her client is located.

The panel of five judges who regularly hear jurisdictional issues for multidistrict litigation raised few questions about the locations but asked lawyers to address whether the class actions should be separated from the personal injury suits. Most of the lawyers appeared to favor keeping the cases together.

The panel is expected to rule within a few weeks.

Since last fall, more than 10 million Toyota vehicles have been recalled in order to repair problems with accelerator pedals, floor mats and brakes, all of which have been identified as causing sudden and unintended acceleration. Toyota's problems have multiplied, with new reports coming out each week indicating that the Japanese automaker might have known about the acceleration issue years ago.

The vast majority of the lawsuits — nearly 90 — have been filed on behalf of a class of consumers who are seeking economic damages because their recalled Toyota vehicles have lost value. A smaller group of personal injury suits have been filed on behalf of individuals who claim to have died or been injured in an accident because their Toyota vehicles suddenly accelerated.

via Law.com – Attorneys Argue Over Venue for Toyota Litigation.

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