Apple Told to Pay $23.6 Million Over Pager Technology

smartphone with magnifying glassA Texas federal court jury found that Apple Inc. used SkyTel pager technology from the 1990s in iPhone, iPad and iPod without permission. The jury set damages to be paid to the Texas-based SkyTel at 23.6 million, according to a report in Bloomberg News.

Jurors in the Marshall, Texas, court found Nov. 17 that patents developed for the SkyTel network and owned by Mobile Telecommunications Technologies LLC are valid and were infringed by Apple. MTel, which got about a tenth of what it had been seeking in damages, claimed Apple’s Airport Wi-Fi products and iPhone, iPad and iPod Touch devices with messaging used the technology, Bloomberg reports.

This is the second trial in as many months in which Cupertino, California-based Apple was accused of using pager technology without paying for it. It won the first case, involving a different company, last month in California.

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Lowe’s Names McCanless GC, Secretary and Chief Compliance Officer

Lowe’s Companies Inc. has announced that Ross W. (Bill) McCanless will return to the company as its new general counsel, secretary and chief compliance officer, effective Jan. 12, 2015. McCanless is replacing Gaither M. Keener, who announced plans to retire from the company following 30 years of service, Market Watch reports.

McCanless was Lowe’s general counsel from 2003 to 2006. He recently served as chief legal officer, general counsel and secretary for Extended Stay America Inc. and ESH Hospitality Inc.

At Lowe’s, McCanless will be responsible for directing all legal matters for the companys and its subsidiaries, as well as advising the chairman and board of directors on corporate governance matters.

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Five Good Reasons Why Even the Most Cutthroat Lawyers Should Want to Cooperate

HandshakeKroll Ontrack presents a complimentary on-demand webinar on the importance of cooperation at the e-discovery stage of litigation.

Litigation by its very nature is adversarial and cooperation seems unnatural, Kroll Ontrack says on its website. “However, even the most cutthroat lawyers understand the importance of cooperation and the impact that collaboration can have on the case budget and the overall outcome of the matter.

And in e-discovery, the case for cooperation is even more compelling, with intricate legal doctrines, complicated technical protocols and multiple inside counsel, law firm and service provider roles intersecting.

Watch the on-demand webinar.

 




How to Practice Patent Law After Alice

Intellectual property IPIPLegalNetwork will present a complimentary webinar designed to provide practical advice for navigating the tumult that has followed the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank.

The webinar will be Tuesday, Dec. 9, at noon Central time.

On its website, the sponsor says that, if the post-Alice world has made anything clear, it is that some subject matter that previously would have been found patent-eligible is now very unlikely to be issued by the USPTO – and even if claims issue, surviving the scrutiny of a federal court or the Patent Trial and Appeals Board presents a challenge. So what are intellectual property owners to do?

Topics will include:

– How to counsel patent applicants and potential applicants on what is patent-eligible (and what is not)
– Different approaches taken by the examining corps and the PTAB
– Strategies for responding to Section 101 rejections
– Drafting tips for new specifications and claims to improve patent-eligibility arguments

Register for the webinar.

 

 




Protecting IP Through Risk Programs

padlock-router-IT-IP10164743_s-150The Center for Responsible Enterprise and Trade hosts a free on-demand webinar on how to follow the approach of the major enterprise risk management (ERM) standards and frameworks already in place to address strategic, financial, operational, compliance and reputational risks associated with IP loss.

CREATe’s COO Craig Moss and IP Counsel Allen Dixon discuss the areas of greatest vulnerability, how to extend IT systems to protect IP, the eight categories of an effective IP protection program and key questions to ask supply chain partners to protect IP.

On its website, CREATe says, “The rising tide of cybersecurity issues coupled with insider threats pose great risks to a company’s crown jewels: its intellectual property. Valuable trade secrets can be stolen transferred to competitors in the flash of an email; counterfeit parts can enter legitimate supply chains and put consumers at risk; malware from unlicensed software can infiltrate corporate networks and target confidential data.”

Watch the on-demand webinar.

 




Greening Affordable Housing and Saving Energy

Green housingNixon Peabody presents a free on-demand webinar covering the latest news from HUD with respect to “green” affordable housing development.

With sustainability issues continuing to emerge at the forefront of multifamily housing development, HUD is redoubling its efforts to ameliorate the 30% bite that energy takes out of its subsidy budget, the firm says on its website. How can sustainability efforts bring cost benefits that will outweigh the expense of implementation? Find out how you can capture opportunities for enhanced cash flow that you may be leaving on the table.

Topics will include:

  • The latest news from HUD with respect to “green” affordable housing development
  • How adding energy-saving measures to your project can be beneficial, and what these measures mean to you as an owner and to your housing portfolio
  • How to execute a sustainable housing project through a case study example

Watch the on-demand webinar.




Market Spotlight: China Natural Gas

LNG gas tanksICIS offers free on-demand presentation slides from a webinar that looks into recent developments in the country and their effects on the global market.

On its website, ICIS says that China’s natural gas market is becoming increasingly attractive to international players due to the introduction of the country’s gas import source diversification policy.

This webinar reviews the latest developments in China and their effects on the global market, specifically in neighboring Asian countries.

The webinar covers:

  • A review of recent developments in the country – prices, supply/demand and trading dynamics
  • The country’s gas demand levels
  • Information on unconventional gas production in China
  • Price reforms in Asia and their relation to China’s gas supply
  • Analysis of the impact of Chinese natural gas on other global markets

See the presentation slides from the webinar.




Effective Channel Strategy: Contract Process Optimization

Calculator and chartsRevitas and IACCM present a complimentary on-demand webinar on channel sales management and the tools and systems that will provide effective administrative oversight and information.

Maintaining balance between the opportunities offered by your sales channels (both direct and indirect) and the associated risks they generate is a critical element of market strategy, Revitas says on its website. Gaining visibility into processes, ensuring seamless integration between systems, and properly managing the overall process can be a monumental task.

Topics in this webinar include:

• Best practices for implementing an effective channel management system
• Strategies for identifying essential features and functionality
• Tactics for adapting internal processes and procedures
• Methods for conducting and applying meaningful analysis

Watch the on-demand webinar.

 




M&A Surge Could Cost In-House Lawyers, Accountants Their Jobs

Employment - hiringWhen a company buys another business, frequently the acquiring party sees some “overlapping general and administrative functions” in the company that was acquired. This can result in layoffs for some in-house lawyers and other executives and staff people, reports Crain’s Chicago Business.

From the magazine’s report: Professionals’ fates depend on a mix of factors, including their spot on the org chart and the acquirer’s goals, says John Nimesheim, managing director at Slayton Search Partners in Chicago. For example, a private-equity firm that buys a company is more likely to leave the management team intact than a company that acquires for strategic purposes.

“Sometimes it’s, ‘We’re the acquirer, and our team is going to win, and your team is going to go away,’ “ he says. “Sometimes, depending on the structure of the deal, they really want to be friendly.”

The Crain’s report examined several mergers and acquisitions to discern patterns.

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Wingstop Appoints New General Counsel

WingstopWingstop Restaurants Inc. has appointed Jay Young to be the company’s next general counsel.

Young will serve on the company’s executive leadership team, reporting directly to President and CEO Charlie Morrison.

In a release, the company said Young joins Wingstop during a year of record-setting growth.

“We are delighted to welcome Jay, a great addition to the Wingstop team,” said Charlie Morrison, Wingstop President and CEO. “Jay is a highly-experienced executive whose business and legal acumen will be invaluable to us as we continue to aggressively grow our proven concept. We look forward to his contributions.”

Young brings more than 18 years of legal expertise to Wingstop, including an extensive background in the restaurant and financial services industries. Before joining Wingstop, Young served as Senior Vice President and General Counsel for CEC Entertainment (Chuck E. Cheese), a nationally recognized leader in family dining and entertainment.

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Magazine Profiles IRR Strategies General Counsel Ed Vidal

General Counsel NewsHispanic Executive magazine has profiled Eduardo Vidal, general counsel of IRR Strategies, who moved to the United States as a nine-year-old boy from Cuba.

The profile tells how his family moved to Chicago where he later went to the University of Chicago. After five years in Chicago, he moved to New York where he spent 22 years working in the burgeoning corporate finance space of cross-border transactions with companies in Latin America.

Eventually, when that kind of work started to dry up, he sought opportunity in Texas, where he landed with a new business process outsourcing (BPO) company, (which includes call centers, technical support, and back-office paperwork) as general counsel. The company, IRR Strategies, LLC, provides global solutions for BPO services to small and medium-sized enterprises, private equity, and venture capital.

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Halliburton Buying Baker Hughes For $34.6 Billion

Oil pump rigHalliburton Co. will buy Baker Hughes Inc. for about $35 billion in cash and stock, Reuters is reporting.

The combined entity could challenge oilfield services market leader Schlumberger as customers begin to cut spending due to falling oil prices.

Halliburton expressed confidence that the deal would clear regulatory hurdles, but Baker Hughes shares were trading well below the offer, suggesting that investors were not so sure.

Reuters reports that Halliburton also said it was ready to divest businesses that generate revenue of $7.5 billion to satisfy regulators and would pay Baker Hughes $3.5 billion if the deal was not cleared.

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Macroeconomic Impacts of LNG Exports from the United States

Oil tankerNERA Economic Consulting has provided a complimentary on-demand webinar taking a look at prospects for exports of liquified natural gas from the United States. The event was part of the Penn State University Special Shale Webinar Series.

Some points discussed in the overview of the webinar include: Natural gas production increases by 39% from 2012 through 2040, but U.S. natural gas consumption is forecasted to grow by less than 15% from 2012 to 2040. Shale gas increases by 105% from 2012 through 2040. And Shale gas accounts for 50% of the natural gas production by 2040.

On the subject of costs of LNG from different sources, the webinar covers: Oil based pricing for LNG imports into EU and Japan indicates large potential profits. U.S. market provides unique opportunity to overseas buyers. Diversify supply. Get gas at gas prices. And rivals see it too: Canadian (BC) LNG, Russian gas by pipeline or LNG, and other Pacific and Middle East LNG.

Watch the webinar and see the slides.

 




Attorney Sentenced to Five Years in Prison for Defrauding Investors

Scales of justiceThe U.S. Department reported that Gregory E. Grantham, 57, of Oceanside, California, was sentenced to five years in prison on Nov. 14 , followed by three years of supervised release, for a wire fraud conspiracy, wire fraud and obstruction of justice. U.S. District Judge J. Frederick Motz also ordered Grantham to forfeit/ pay restitution of $17.4 million.

DOJ reports:

Grantham is a licensed attorney and between September 2009 and September 2011, was employed as General Counsel for IAGU Underwriters, LLC, as well as maintaining a private law practice. Graham’s co-defendant, Mervyn Phelan operated IAGU, which was in the business of underwriting loan applications submitted by real estate developers and then locating project financing from banks and other financial entities.

According to his plea agreement and court documents, between mid-2010 and August 2011, Grantham and Phelan became involved in a fraudulent scheme carried out by Patrick Belzner and Brian McCloskey, who both resided in Baltimore County. McCloskey owned a real estate development business known as the McCloskey Group, LLC. Belzner, a home builder, began working with McCloskey in late 2008 or early 2009. Phelan and IAGU began working with the McCloskey Group trying to locate sources of financing for its projects in about 2009.

Beginning in 2009 and continuing through June 2011, Belzner and McCloskey persuaded a series of private lenders to fund loans to establish that the McCloskey Group had reserves of cash that would supposedly help it obtain loans it was seeking in connection with real estate development projects through IAGU. Belzner and McCloskey falsely represented that the funds would be maintained in an escrow account under the control of Kevin Sniffen, a licensed attorney and escrow agent in Baltimore County; that the funds would not be used for any other purpose; and that the money would be returned to the lender, either upon the funding of the loan or after a specified period of time. In return for this temporary use of the lender’s funds, Belzner and McCloskey promised to pay substantial fees or interest. In fact, once the lenders transferred their funds into the escrow accounts, Belzner directed McCloskey to remove those funds from the escrow accounts without the knowledge or permission of the lenders. Belzner and McCloskey then used the majority of the stolen funds to pay for their personal and business expenses. The total losses resulting from the scheme were approximately $20 million.

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California Peach Farmer, Union Slug It Out at Hearing

Peach treeAn administrative law hearing that could determine whether more than 3,000 workers at the nation’s biggest peach farm are unionized got heated when a lawyer for Gerawan Farming accused the chief prosecutor in the case of playing “hide and seek” with evidence and witnesses

As reported by CNBC, California Agricultural Labor Relations Board (ALRB) General Counsel Sylvia Torres-Guillen, who is responsible for investigating and prosecuting the case, has alleged that Gerawan Farming carried out unfair labor practices, engaged in bad-faith bargaining, and tainted workers.

“This case from the beginning has been hide and seek by the general counsel,” said Ronald Barsamian, an attorney for Gerawan. “We’re still waiting for the UFW to put on its case—let alone the ALRB. If it’s not hide and seek, it’s just not preparing adequately for this case.”

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UI Integrity Update: Effective Compliance, Effective Reporting

WorkforceEquifax will present the next in a series of webinars detailing the recent legislation regarding UI Integrity (Unemployment Insurance Integrity) and its impact on employers.

The free webinar will be Wednesday, Dec. 3, at 12 p.m. Central time.

Unemployment claims response is no longer an issue of whether or not to protest a claim, but a matter of UI compliance that involves increasing financial penalties, Equifax says.

Updates on the evolving UI system, which places increased focus on timely and adequate claims response, will be provided along with the following details:

–Up-to-date guidance on state interpretations of the federal mandate
–Efforts by state agencies to identify overpayments and enforce non-compliance penalties
–Best practices for timely and adequate claims response, maximizing favorable determination response, and the use of the latest enhancements to CaseBuilder to ensure UI compliance moving forward

Guest speakers will include experts in Unemployment Cost Management, UI Integrity, and Government Relations. In addition, all attendees will receive the most recently updated White Paper on UI Integrity and Compliance (Q4/2014) featuring a current state-by-state matrix with interpretations of a “pattern of failure,” non-compliance penalties, and overpayment rates by state.

Register for the webinar.

 




Directly Sourcing Former Employees, Retirees and Other High-Talent Contractors

Contract and penStaffing Industry Analysts offers a complimentary on-demand webinar presenting best practices for dealing with the growing demand for specialized high-talent contractors.

On its website, Staffing Industry Analysts says constant pressure to reduce intermediary mark-ups has accelerated a trend toward direct contractor sourcing. As these direct contractor sourcing programs mature and include alumni/retirees, the need to implement proven best practices related to program design, contractor engagement and talent curation is critical for an efficient, compliant and highly productive program.

This webinar shares real-world experiences, best practices, legal perspective and valuable tips and techniques.

Watch the on-demand webinar.

 




Common Pitfalls in Federal Contract Teaming Arrangements and How to Avoid Them

Team workOnvia has posted a complimentary report providing tips for safeguarding your small-business program eligibility in federal contract teaming arrangements.

Maria Panichelli, an associate at Cohen Seglias Pallas Greenhall & Furman PC, wrote the article.

She writes that a growing number of Federal government contracts set-aside for various types of small businesses, making teaming relationships are increasingly popular.

“Large contractors like teaming because it provides them access to contracts for which they would otherwise be ineligible. Small businesses know that teaming is a good way to break into the federal contracting arena, an arena in which experience and past performance can prove critical to securing a contract. By teaming with a more experienced, larger contractor, a small company can acquire the experience needed to secure future federal contracts on its own. However, teaming is not without its downsides,” she writes.

She wrote that small businesses especially face significant risks when working on teaming projects.

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Takata Air Bag Problem Gets Worse

Steering wheelThe controversy surrounding the allegedly defective shrapnel-slinging exploding air bags continues to grow, now that Nissan says it will add another 52,000 vehicles to its recall effort.

Nissan reported the plan to the National Highway Traffic Safety Administration, according to a report in The Los Angeles Times.

“Meanwhile, a group of senators is asking the Justice Department to launch a criminal investigation into reports that the air bag supplier conducted secret tests on ruptures a decade ago but didn’t take action or report the results to safety regulators,” The Times reports.

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Securities-Fraud Scheme Lands Ex-COO 30 Months in Prison

Scales of justiceStephen Shea, the former chief operating officer of brokerage firm Sky Capital LLC, has been sentenced to 30 months in federal prison for his part in a $140 million securities-fraud scheme.

Bloomberg News reports that Shea and five others were charged in June 2009, three years after FBI agents raided the brokerage firm. Other former employees convicted in the case included founder Ross Mandell, who’s serving an 12-year prison sentence for operating a scheme that started in 1998.

“The defendants misled investors, who put cash in private investments, and then used that money to enrich themselves, pay excessive fees and commissions to brokers and pay off victims of earlier schemes, Manhattan U.S. Attorney Preet Bharara said in 2009, when the case was filed.” according to Bloomberg’s report.

Read the story.