Winklevoss Twins Finally End Litigation Against Facebook | ITProPortal.com

The Winklevoss twins have finally decided to put an end to their long-standing legal battle with Mark Zuckerberg and Facebook.

The twins, who were contemporaries of Zuckerberg during his days at Harvard, have repeatedly claimed that the Facebook founder stole their idea and later used it to create Facebook.

They reached a $65 million legal settlement with Facebook back in 2008. However, they appealed for better terms than the $20 million in cash and $45 million stocks in the agreement, alleging that Facebook misled them on the true value of the company to reduce the size of the settlement.

The US court hearing the appeal ruled against the Winklevoss twins saying that they could not back out from the deal.

The twins then threatened to appeal to the Supreme Court to challenge the decision by the lower court. However, it seems that the twins have now decided not to bother the Supreme Court with their appeal.

via Winklevoss Twins Finally End Litigation Against Facebook | ITProPortal.com.

Cross-Border M&A: The End of Festivities Brings Hostilities

(Westlaw Business) After barely enough time to put away the Christmas decorations, the new year has sprung into life with a flurry of M&A activity on both sides of the Atlantic that promises to switch festivities to hostilities.

As predicted in our Global M&A Review (please see Westlaw Business Currents article Global M&A Review: Poison Pills, Chinese Takeaways and Burgers Fatten Up 2010) global mergers and acquisitions are up on last year at around $83 billion (by volume) so far and there are signs that hostilities are here to stay. Target companies aren’t taking unwanted offers lying down, however, and are stretching fiduciary duties and takeover rules to their limits.

At the head of hostilities so far this year have been Johnson & Johnson, Simon Property Group and François-Charles Oberthur Fiduciaire whose acquisition plans have received a less than friendly welcome. Raising takeover code and fiduciary duty questions, the respective hostile bids have caused British targets to twist and turn under the force of unwelcome offers.

Hostiles

Leading the hostiles so far this year was Johnson & Johnson, the U.S. healthcare products group, whose £7 billion ($10.9 billion) offer was kicked back by the board of Smith & Nephew, the UK hip and knee replacement company, without even taking the trouble of mentioning the offer to its shareholders.

A smaller player in the replacement joint industry, Smith & Nephew has long been tipped to receive a bid from a U.S. rival such as Biomet or Johnson & Johnson, leading to speculation over its likely future. With speculation running high, S&N’s board decided to “keep shtum” over J&J’s bid, waiting instead for Sky News to break the news that it had turned down a £7 billion offer rather than make an announcement to the markets.

via Cross-Border M&A: The End of Festivities Brings Hostilities.

Preferred Partner Program from Global EDD Group

GLOBAL EDD GROUP INTRODUCES PREFERRED PARTNER PROGRAM (3P)

New Program Enables Higher Profit Margins and Global Footprint for Service Providers and Law Firms

Cleveland, Ohio, USA – (15 December 2010) – Global Electronic Discovery & Disclosure Group (“Global EDD Group”), a boutique consulting firm that provides innovative legal technology solutions across the globe, today introduced the Preferred Partner Program (“3P”), a new program that enables service providers and firms to seamlessly expand their suite of services and geographic footprint by integrating, referring or reselling Global EDD Group services.

“Our team has developed a range of innovative e-discovery solutions that leverage global relationships, operational efficiencies and proven technologies to provide high quality services at competitive price points” stated Brad Mixner, President of Global EDD Group. “3P enables our partners to reduce their costs and increase their global footprint by leveraging these solutions.”

Benefits of 3P:

  • Expand Capabilities without Capital Investment
  • Extremely Competitive Flat Rate & Bulk Pricing Model
  • Generous Discounts & Commissions Exceeding Industry Average
  • Strict No Competition / No Solicitation Policy with End Clients
  • Increased Profit Margins

Advantages of Partnering with Global EDD Group:

  • Vast Experience with Complex Paper & Electronic Discovery Projects
  • Innovative Technology, including NaTIFF™ E-Discovery Servers and iReviewData E-Discovery Services
  • Driven to Exceed End Client Expectations
  • Facilities in Asia, Europe & North America
  • Mobile Collection & Processing Units
  • Advanced Foreign Language Services
  • Specialists in Data Management, including Identification, Preservation, Collection, Processing, Review and Analysis

Additional information regarding the 3P Preferred Partner Program, including pricing and available services, is available via email or by clicking to GlobalEDD.com.

via Global EDD Group | Preferred Partner Program from Global EDD Group.

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Tablet Tipping Point Means The End Of Microsoft (As We Know It) — InformationWeek

I’m revising my thesis based on research published Sunday by Goldman Sachs that is, in a word, stunning. Goldman’s analysts dropped a pair of notes in which they predict the PC industry will grow next year not by the mid-teens number most in the industry expect, but by just 8%.

At the same time, Goldman thinks tablet shipments will increase by more than 500%! And the real game changer, according to the investment bank’s world-class equity research team, is that all those tablet shipments will cannibalize PC sales at a rate of 35% in the next year alone. In other words, one in three PC sales will be lost to tablets in 2011, if Goldman Sachs is right.

Unless something changes real soon, almost none of those tablets will be running Windows software. “A tablet response is still not forthcoming,” Goldman’s Sarah Friar said of Microsoft, in her note. How much revenue is at risk? If tablets knock down Windows sales by a third, that adds up to about a $5.5 billion haircut to Microsoft’s top line. But it’s more complicated than that.

With so much platform competition, Microsoft will be forced to lower the licensing fees it charges to OEMs. “With a multitude of operating environments popping up on tablets, Microsoft may not be able to capture a dominant share in this segment of the market. For PC vendors, this may mean that they finally have a powerful negotiating tool for OS pricing,” says Goldman Sachs hardware analyst Bill Shope, in his note.

via Tablet Tipping Point Means The End Of Microsoft (As We Know It) — InformationWeek.

Trial Solutions Partners with Venio Systems to Provide End-to-End Document Review Services – Press Release

Trial Solutions (http://www.trialsolutions.net/), an eDiscovery software and services company, today announced a partnership with Venio Systems (http://www.veniosystems.com/), an innovator in early case assessment (ECA) and first-pass review (FPR) software. Together Venio Systems and Trial Solutions will provide comprehensive document review capabilities that support the entire document review cycle, starting with early case assessment all the way through production.

Venio FPR™ is one of the fastest-growing Software-as-a-Service (SaaS) web-based applications in the legal software market. Venio FPR™, an eDiscovery tool for early case assessment and first-pass review, enables legal teams to significantly reduce litigation data sizes and costs. Trial Solutions, a SaaS provider of OnDemand™ linear review software, a software for reviewing one document at a time, will also contribute expertise in sales support, technical support and implementation for Venio’s resellers. By combining Venio’s early case assessment and first-pass review software, and Trial Solutions’ linear review software and production services, clients can resolve their document review needs in a one-stop shopping fashion.

“We selected Trial Solutions because of their experienced support staff, full range of eDiscovery services and OnDemand™ linear review software,” stated Chris Jurkiewicz, Co-Founder of Venio Systems. “Their talented team ranges from sales support engineers who provide product demonstrations to experienced consultants and technicians who ensure smooth implementation.

via Trial Solutions Partners with Venio Systems to Provide End-to-End Document Review Services – Press Release.

Information Governance Framework Key for Backup and e-Discovery

Out of the Vault

It seems like CommVault’s recent news about disaster recovery for SMBs was just the entree to its big announcement today regarding the launch of Simpana 9, a self-managing behemoth of a data and records management platform that can scan across the largest enterprise, archiving and holding data for backup and e-Discovery purposes.

Simpana 9′s predecessor, Version 8, is some three years old, and despite upgrades and patches, it must have been feeling long in the tooth in the fast-moving world of Enterprise 2.0 data management, where legal demands and data volumes continue to surge.

New Functions Tackle Back-End Confusion

Indeed, this version features some 800 new functions and thousands of behind the scenes tweaks to ensure Simpana’s relevance now and into the future. The headline features include collaborative sharing and single-click legal preservation of data, all without worrying about the monstrous amounts of data or activity in the back end.

Simpana is composed of various software modules that share access to the complex back-end services and advanced features. The only task left up to the company is to activate the modules it needs by entering the license key. If more functionality is needed, buy an additional module, enter the code and off you go again.

via Information Governance Framework Key for Backup and e-Discovery.

Apple Making Verizon-Ready iPhone by Year End – WSJ.com

AT&T Inc. is about to lose its lock on the iPhone.

Apple Inc. is making a version of its iPhone that Verizon Wireless will sell early next year, according to people familiar with the matter, ending an exclusive deal with AT&T and sharpening the competition with Google Inc.-based phones.

The iPhone is finally coming to the Verizon wireless network as Apple gears up to produce a CDMA version of its popular smartphone that will be available in the first quarter of next year. Marcelo Prince and Julia Angwin discuss.

While Apple is on track to sell 40 million iPhones across the globe this year, the touchscreen handset is facing pressure in the U.S. from phones running Google’s Android software, which have been heavily promoted by Verizon Wireless, the biggest U.S. carrier by subscribers.

Apple plans to begin mass producing the new iPhone by the end of the year, and it would be released in the first quarter of 2011, these people said. The phone would resemble the iPhone 4 currently sold by AT&T, but would be based on an alternative wireless technology used by Verizon, these people said.

via Apple Making Verizon-Ready iPhone by Year End – WSJ.com.

NetApp, Oracle Agree To End Patent Litigation – Update

Storage Solutions provider NetApp (NTAP: News ) Thursday said it has mutually agreed to end its three year long patent litigation with Sun Microsystems, which Oracle Corp. (ORCL: News ) acquired earlier this year.

Following the deal, both NetApp and Oracle has agreed to dismiss the lawsuits without prejudice, but kept the terms of the deal undisclosed.

The dispute between NetApp and Sun started back in 2007 when NetApp sued Sun seeking damages for infringing on seven its patents related to data processing systems and softwares.

NetApp also sought an injunction to prevent Sun from providing products based on ZFS file system that was alleged infringing on NetApp’s technology.

via NetApp, Oracle Agree To End Patent Litigation – Update.

Sprint 4G: The Home Broadband Alternative? – PCWorld

Sprint Nextel
Image via Wikipedia

In addition to being a pretty cool phone with all the latest bells and whistles, the HTC Evo 4G has one very unique attribute: It’s the first U.S. handset designed for 4G (fourth generation) mobile broadband networks.

Sprint says its 4G WiMax network, a partnership between the wireless carrier and its broadband partner Clearwire, is up to 10 times faster than today’s 3G speeds. That translates into download speeds of up to 6 megabits per second (Mbps), although performance will vary by location.

PC World‘s Mark Sullivan, who tested the Sprint/Clearwire network in Las Vegas in March, saw download rates ranging from a blistering 11 Mbps to 13 Mbps at the high end, to a not-too-shabby 2 Mbps at the low end. At those speeds, WiMax is a viable alternative to today’s home broadband offerings, including DSL, cable, and fiber (e.g., FiOS).

Sprint sees a potential market there too. “We see Sprint 4G as a tremendous opportunity for customers who are interested in choosing a wireless solution over Cable/DSL/fiber,” company spokesman Mark Elliott told me recently. The company’s 4G service is currently available in 32 U.S. markets, and Sprint hopes to reach 120 million people by end of 2010.

via Sprint 4G: The Home Broadband Alternative? – PCWorld.

‘Litigation prenup’ can help avoid nasty disputes |Wisconsin Law Journal

The concept of efficient litigation may seem a bit foreign to attorneys.

“It’s been the Holy Grail,” said Milwaukee lawyer Paul F. Heaton.

To that end, Heaton and others are embracing an evolving concept which attempts to curb litigation costs prior to trial.

An agreement in advance of a dispute, or “litigation prenup,” can set parameters for expensive elements involved in a trial such as dispositive motions or discovery.

“A lot of times attorneys do this in bits and pieces along the way, but why not take a comprehensive look at the front end,” said Heaton, of Gass Weber Mullins LLC. “Set some rules early in a lawsuit to get where you are going with less conflict and less expense.”

Boston attorney Daniel B. Winslow unveiled a model litigation prenup agreement at a Pepperdine University School of Law conference last month.

His case management format includes an underlying contract at the start of a business relationship which defines things like discovery limits and fee shifting.

The economical litigation agreement could be a “game-changer” for lawyers and business as it seeks to implement some proportionality and limitations on litigation.

“Right now you have an open-ended process,” said Winslow, of Proskauer Rose LLP. “This allows you to predetermine to the dollar what a particular case will cost, whether it’s billable hours or a fixed fee.”

via Wisconsin Law Journal – Article.