FTC and DOJ Announce Changes to HSR Premerger Notification Form | Wilson Sonsini Goodrich & Rosati – JDSupra

On July 7, 2011, the Federal Trade Commission (FTC) and the United States Department of Justice, Antitrust Division (DOJ) announced changes to the Hart-Scott-Rodino (HSR) Premerger Notification Rules and the Premerger Notification and Report Form, following a public comment period that ended on October 18, 2010. Prior to the most recent revisions, the FTC and DOJ last made modifications to the HSR form in 2005; however, unlike the relatively minor 2005 changes, the 2011 changes are extensive and may significantly affect the burden placed on filing parties. The new rules and HSR form will go into effect 30 days after the publication of the changes in the Federal Register.

Most of the changes are minor and will only slightly impact the complexity and associated burdens of the HSR form. However, filing parties should be aware that several changes—found in Items 4, 5, 6, and 7 of the HSR form — represent significant departures from the previous HSR form…

Please see full alert below for more information.

via FTC and DOJ Announce Changes to HSR Premerger Notification Form | Wilson Sonsini Goodrich & Rosati – JDSupra.

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Apple fires second legal salvo at HTC | Wireless – CNET News

Apple is doubling down on its legal assault against HTC.

Citing the U.S. International Trade Commission Web site, the Foss Patents blog reported today that Apple has filed a second complaint against HTC. The details are not yet available.

Apple wasn’t immediately available to comment or provide details on the patents that are in dispute with the second complaint.

HTC expressed its disappointment with the further legal entanglement.

HTC is dismayed that Apple has resorted to competition in the courts rather than the market place,” said Grace Lei, generation council for the company. “HTC continues to vehemently deny all of Apple’s past and present claims against it and will continue to protect and defend its own intellectual property as it has already done this year.”

via Apple fires second legal salvo at HTC | Wireless – CNET News.

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Is the Google Probe ‘Microsoft Redux?’ – Law Blog – WSJ

As we noted yesterday, Google faces the most serious legal threat of its young existence:  an antitrust probe into whether it has used its dominance in search-advertising to illegally freeze out competition.

Specifically, the Federal Trade Commission is expected to look into whether Google searches unfairly steer consumers to Google’s own products, and away from those of its competitors,  WSJ reports.

Google, of course, could walk away without a scratch. But still, the antitrust probe is so broad in scope, with the potential to reshape the tech landscape, that it naturally calls to mind the Microsoft case, when the government in the 1990s accused the computer company of using its dominant Windows operating system to hobble competitors.

Are the comparisons apt?

Gary Reback, a Silicon Valley antitrust lawyer who attacked Microsoft before and has pushed for action against Google, sure thinks so. “It is Microsoft redux,” he told WSJ in this piece comparing the two high-profile antitrust matters. “It is almost exactly the same case,” he said.

via Is the Google Probe ‘Microsoft Redux?’ – Law Blog – WSJ.

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Microsoft gets antitrust approval to buy Skype | Reuters

Microsoft has won U.S. antitrust approval to buy the Internet phone service Skype, the Federal Trade Commission said in a website posting on Friday.

Microsoft announced in May it was buying Skype for $8.5 billion, its biggest-ever acquisition, placing a rich bet on mobile and the Internet to try and best rivals such as Google Inc.

The approval was announced in a listing of deal approvals that comes out several times a week.

via Microsoft gets antitrust approval to buy Skype | Reuters.

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Nvidia Shows Tablet Running Quad-core Tegra Chip | PCWorld

Nvidia has shown a prototype tablet computer running a four-core version of its Tegra processor and said products based on the new chip will go on sale starting in September.

Speaking to reporters ahead of the Computex trade show in Taipei on Monday, Nvidia CEO Jen-Hsun Huang also announced that Nvidia will have shipped 10 million of its existing dual-core Tegra 2 processors by the end of June.

Best known for its graphics chips, Nvidia has emerged as a force in the market for ARM-based processors used in smartphones and tablets, where it competes with more established mobile chip vendors such as Qualcomm and Texas Instruments.

The dual-core Tegra 2 is used in the Samsung Galaxy Tab, the LG Optimus and the Acer Transformer, which has a snap-on keyboard for people who type too much to use only a touch screen.

Huang showed the quad-core chip, code-named Kal-El, running a prototype tablet built by Nvidia to demonstrate its capabilities. Tablets with Kal-El will go on sale in September, followed by smartphones later in the year, Huang said.

He didn’t say which vendors would make the products but it seems likely they will come from existing Nvidia partners, who include Motorola, Dell, Sony and Asustek.

via Nvidia Shows Tablet Running Quad-core Tegra Chip | PCWorld.

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Google Sued by PayPal Over Claims It Stole Trade Secrets – Bloomberg

Google Inc. was sued by PayPal Inc., the fastest-growing unit at online marketplace EBay Inc. (EBAY), over claims it misappropriated trade secrets from PayPal’s mobile- payment business.

Osama Bedier, a former PayPal executive now at Google, stole PayPal’s confidential information, the company said in the lawsuit filed yesterday in state court in San Jose, California. Stephanie Tilenius, another ex-PayPal executive now at Google, violated contractual obligations by recruiting Bedier, PayPal said.

Bedier “is now leading Google’s efforts to bring point-of- sale technologies and services to retailers on its behalf,” according to the complaint. “Bedier and Google have misappropriated PayPal trade secrets by disclosing them within Google and to major retailers.”

Both companies are trying to move into storefronts from online transactions and build their mobile businesses. PayPal, based in San Jose, is working with major retailers to develop a new type of point-of-sale system — the equipment next to cash registers where consumers swipe credit cards.

via Google Sued by PayPal Over Claims It Stole Trade Secrets – Bloomberg.

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FCPA Got You Shaking In Your boots?

This year, many US companies have been on a bumpy rollercoaster ride with the DoJ and SEC when it comes to the four dreaded words: ‘Foreign Corrupt Practices Act’ (FCPA).

With increasing international trade and attractive cross-border deals, the FCPA has leapt from a seldom enforced, broadly written statute to one of the highest law enforcement priorities today.

‘Companies should know what the FCPA prohibits, what it requires and what are their responsibilities under the law,’ warns Richard Cassin, a lawyer and creator of the FCPA Blog, a site that provides practical information about the FCPA and compliance. ‘The basic prohibitions in the antibribery provisions are that no one subject to the FCPA should corruptly give or promise to give anything of value to a foreign official, directly or indirectly, to obtain or retain business or gain an unfair advantage.’

Unfortunately, not every company understands the scope or the scale of the FCPA. Last week, California-based Lindsey Manufacturing, makers of electrical transmission towers, got a taste of the act when the company’s president, its CFO, and a Mexican sales agent were convicted by a federal jury in Los Angeles for bribing Mexican officials at a state-owned operation, Comisión Federal de Electricidad, through its sales agents during the period 2002-2009.

How did it end? It wasn’t pretty.

After a five-week trial the jury handed down guilty verdicts and the company’s high-powered execs now face a maximum penalty of five years in prison and a fine of at least $250,000 on the FCPA conspiracy charge, together with a further $100,000 for each of five additional FCPA counts.

via FCPA Got You Shaking In Your boots?.

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Will Microsoft Buy RIM? | News & Opinion | PCMag.com

At this week’s BlackBerry World trade show, everyone expected the top headliner to be the company’s just-released PlayBook tablet and its new software offerings. As it turned out, the gadget ended up taking second spot to a surprise guest: Microsoft boss Steve Ballmer.

Ballmer came out during RIM co-CEO Mike Lazaridis’ keynote yesterday morning to announce a partnership that would bring Microsoft’s Bing search engine to BlackBerries. Search is a big deal in mobile devices, so it’s fitting that a heavy hitter from Microsoft came to give its blessing, but many took the appearance of the CEO as a clear sign of bigger things to come.

Does RIM know what it’s in for, though? There’s considerable doubt over whether the company’s strategy and platforms can be successful over the next couple of years. If they’re not, Microsoft could end up owning RIM.

“Will Microsoft buy RIM? That is a possibility and a fast track for Microsoft to gain a foothold in the mobile hardware business,” says Harry Wang, director of mobile research at Parks Associates. “RIM’s market capitalization is only $25 billion and Microsoft has $48 billion in cash. If RIM’s value drops to $15 billion, it will become an attractive target for Microsoft. Maybe Steve Ballmer was planting that seed during his keynote appearance at Blackberry World.”

via Will Microsoft Buy RIM? | News & Opinion | PCMag.com.

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Google Will Face Privacy Audits For The Next 20 Long Years (GOOG)

Google has reached a settlement with the Federal Trade Commission over Buzz, a social blogging service that the company introduced through Gmail last year.

As part of the deal, Google will be subjected to regular, independent privacy audits for the next 20 years. By then, soon-to-be CEO Larry Page will be 58 years old.

Buzz drew heavy criticism at launch in February 2010 for a glaring privacy flaw. When users turned it on, it suggested people to follow based on their Gmail contacts list and their most frequent email partners.

The problem: anybody following a user could automatically see all of his other Buzz contacts. So, for instance, your wife could see that you’re still exchanging lots of emails with your ex-girlfriend.

As the FTC put it, “Although Google led Gmail users to believe that they could choose whether or not they wanted to join the network, the options for declining or leaving the social network were ineffective.” Yikes.

via Google Will Face Privacy Audits For The Next 20 Long Years (GOOG).

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Nokia Files Second Complaint Against Apple in Patent Fight – Bloomberg

Nokia Oyj (NOK1V) said it filed a second complaint with the U.S. International Trade Commission against Apple Inc. (AAPL) for patent infringement in mobile phones, portable music players, tablets and computers.

The new complaint involves seven patents related to “Nokia’s pioneering innovations that are now being used by Apple to create key features in its products in the areas of multi-tasking operating systems, data synchronization, positioning, call quality and the use of Bluetooth accessories,” Nokia said in a statement today.

Nokia, based in Espoo, Finland, and Apple have been embroiled in litigation since October 2009 when Nokia filed a lawsuit accusing Apple of infringing 10 patents and demanding royalties on the millions of iPhones sold since the device’s introduction in 2007. Each company has since accused the other of infringing an increasing number of patents.

via Nokia Files Second Complaint Against Apple in Patent Fight – Bloomberg.

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