Court rejects earlier $324 million anti-poaching settlement between Apple, Intel, Google, and Adobe

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Image via Bloomberg

A judge has rejected a settlement that was reached earlier this year between employees of Apple, Intel, Google, and Adobe and their respective companies, CNBC reported today. According to reports from the courtroom, Judge Lucy Koh ruled that the settlement was not high enough and should actually be $380 million.

The lawsuit was brought against the tech giants in question by current and former employees who believed (correctly) that their employers had created agreements to avoid attempting to hire engineers from one another. The idea was that if no competitors were making offers, each company was free to pay its employees whatever it wanted without having to worry about them jumping ship for a better offer.

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DOJ responds to Apple’s request to replace attorney in ebooks case (Update: Court denies Apple’s request, too)

Following Apple’s formal request last week that Michael Bromwich be removed from his role in ensuring the Cupertino company meets compliances set by the anti-trust ruling in last year’s ebooks trial, the Department of Justice has pushed back (via GigaOm) with a denial letter accusing Apple of ‘character assassination’.

Regrettably, it is now clear that Apple has chosen a campaign of character assassination over a culture of compliance. Apple could have been spending the past months working with the External Compliance Monitor with the ultimate goal of reforming its policies and training, and in the process change its corporate tone to one that reflects a commitment to abiding by the requirements of the antitrust laws. Instead, Apple has focused on personally attacking Mr. Bromwich, and thwarting him from performing even the most basic of his court-ordered functions. Read more

Apple asks court to remove ebooks compliance monitor from his post

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After earlier complaining that the company was being overcharged by the court-appointed lawyer overseeing its compliance with the terms of the ebooks anti-trust ruling, Apple has now brought matters to a head by asking for Michael Bromwich to be removed from the role, reports Reuters.

An attorney for the consumer technology giant on Tuesday asked U.S. District Judge Denise Cote in Manhattan to disqualify Michael Bromwich from serving as an external compliance monitor, arguing he had shown a personal bias against the company.

In a letter to Cote, Apple’s lawyer cited a “wholly inappropriate declaration” filed by Bromwich last month …  Read more

Apple under fire from governments in both hemispheres over alleged anti-competitive practices

Apple may face an anti-trust investigation in Europe over its iPhone contracts with carriers as it defends itself against separate investigations for alleged price gouging in Australia.

Apple was informed last year that it would be required to attend a hearing by Australia’s Standing Committee on Infrastructure and Communications to explain why its pricing of digital content was higher in Australia than in the United States. The hearing is now underway, as reported by the Sydney Morning Herald, with Apple asked to explain why content sold through iTunes is marked up between 30 and 70 percent higher than in the U.S. Apple is blaming wholesale pricing agreements in the country.

“The pricing of this digital content is based on the wholesale prices which are set through negotiated contracts with the record labels, movie studios and TV networks,” said Mr King, who is Apple’s vice president for Australia, New Zealand and South Asia.

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Apple CEO Tim Cook ordered to give deposition in anti-poaching lawsuit

Tim-Cook-apologyApple CEO Tim Cook has been ordered by U.S. District Judge Lucy Koh in San Jose to give a deposition related to an ongoing private lawsuit that claims Apple, Google, and others entered “no-poach” agreements, as reported by Bloomberg. Cook isn’t the only executive named in yesterday’s order. Google Chairman Eric Schmidt will also be deposed on Feb. 20, as well as Intel Chief Executive Officer Paul Otellini later this month.

Koh told lawyers yesterday that Apple founder Steve Jobs was copied on e-mails at issue in the case, and that she found it “hard to believe” that Cook, as Apple’s chief operating officer at the time in question, wouldn’t have been consulted about such agreements.

The judge said she was disappointed that senior executives at the companies involved hadn’t been deposed before yesterday’s hearing over whether she should certify the case as a group lawsuit. The class would include different categories of employees whose incomes, their lawyers argue, were artificially reduced because of the collusion. Koh didn’t rule on class certification. Read more

Apple’s court woes: AppleCare in Italy; Motorola, lawmakers grill iOS devs

As we reported earlier this month, Apple was set to appeal a $1.2 million fine imposed by Italian anti-trust authorities Autorità Garante della Concorrenza e del Mercato. The authorities argued Apple is misleading consumers by selling its one-year AppleCare warranties without informing customers of a two-year warranty mandatory by European Union law. Apple officially lost the appeal in court this week, which forced the company to pay the €900,00 fine and alter its AppleCare policies to properly inform consumers going forward. Apple can still appeal the decision, but consumer groups from 10 other countries are also requesting Apple change its policies—indicating this could soon be EU-wide. (via Repubblica.it)

Following the Path incident, a letter sent from lawmakers to Apple in February requested information on how the company collects personal data. The two congressional representatives behind the letter, Henry A. Waxman and G. K. Butterfield, sent letters to 34 app developers requesting similar information. One of the letters was sent to Tim Cook and Apple about the “Find My Friends” app. The letters are requesting that developers answer questions about their privacy policies and how they handle user data. In response to Path, Apple already confirmed, “Any app wishing to access contact data will require explicit user approval in a future software release.”

Earlier this month, we reported that U.S. Circuit Judge Richard A. Posner ruled in favor of Apple’s request to view documents related to the development of Android and the Google/Motorola acquisition. Apple claimed, “The Android/Motorola acquisition discovery is highly relevant to Apple’s claims and defenses.” According to Bloomberg, Apple told the courts last week that Motorola has yet to fulfill the original request, but Judge Posner denied Apple’s request this week and said, “Motorola’s objections are persuasive.” Two patent infringement-related trials between Apple and Motorola are set for June, and Posner warns Apple will have to “narrow its request to a manageable and particularized set of documents” for any future production of data requests.
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