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Court sides with Boeing on $1.1B contract
Business Law Info | 2009/11/18 17:23

A federal court has reversed a ruling that overturned Boeing Co.’s $1.1 billion contract for maintenance of an Air Force refueling tanker jet.

The U.S. Court of Appeals for the Federal Circuit’s ruling Tuesday overturns a 2008 decision by the U.S. Court of Federal Claims and reinstates Chicago-based Boeing’s 10-year contract for work on the 50-year-old fleet of KC-135 tankers, The Wall Street Journal reported Wednesday.

Boeing, which built the KC-135, was awarded the maintenance contract in September 2007, and the aerospace giant has been awarded similar contracts for nearly a decade.

Competitor Alabama Aircraft Industries Inc. of Birmingham, Ala., filed suit, alleging the contract was not properly awarded to Boeing and citing issues involving pricing and past performance, The Associated Press reported.



PepsiCo learns a $1.26 billion lesson over misplaced letter
Business Law Info | 2009/10/29 12:52

It's an expensive lesson on the importance of reading your mail.

A Wisconsin judge has ordered PepsiCo Inc to pay $1.26 billion to two men who said it stole their idea to sell purified water after a secretary mislaid a document alerting the world's No. 2 soft drink maker the lawsuit existed.

The case was reported earlier on Wednesday by The National Law Journal. The judgment amount is equal to more than 20 percent of PepsiCo's reported annual profits in recent years, regulatory filings show.

According to filings with the Jefferson County Circuit Court, Charles Joyce and James Voigt won the September 30 judgment five months after first suing PepsiCo and two distributors.

The Wisconsin men said they talked with the distributors in 1981 about their idea to bottle and sell purified water and that PepsiCo later stole the idea by creating Aquafina.

The complaint was filed on April 28, but PepsiCo said the legal department at its Purchase, New York headquarters was not alerted to the case until around September 18, when secretary Kathy Henry received a letter for her supervisor Tom Tamoney.

Henry, however, put the letter aside and did not tell anyone about it or enter it into her log "because she was so busy preparing for a board meeting," according to PepsiCo's October 13 motion asking the court not to enforce the judgment.



Deal proposed to Lehman Brothers Europe creditors
Business Law Info | 2009/10/05 07:26

The administrators of Lehman Brothers' assets in Europe said Monday that they may seek a direct agreement with hedge funds and other creditors to return money tied up since the collapse of the parent company as an alternative to a court-sanctioned settlement.

PricewaterhouseCoopers — which controls some $8.9 billion in assets from Lehman Brothers International (Europe) since the parent company went bankrupt on Sept. 15, 2008 — has proposed a contractual agreement with creditors following an adverse ruling by the High Court in London. The court ruled in July that it had no power to grant the administrators' request to set a "bar date" or deadline for creditors to file claims.

PricewaterhouseCoopers is appealing the court ruling, with a hearing expected on Oct. 26, but meanwhile it has disclosed a timetable for the alternate settlement.

The administrators sought a bar date because they had not received responses from all clients of Lehman Brothers, they could not depend on the accuracy of Lehmans' record and had not received all the information requested from custodians, depositories and affiliates of Lehman Brothers International (Europe).



Ahead of the Bell: Consumer Credit
Business Law Info | 2009/09/08 11:33

Consumers, confronting job losses and weak income growth, likely cut back on their borrowing for a sixth consecutive month in July.

Consumer borrowing likely fell by $4.5 billion at an annual rate in July, according to economists surveyed by Thomson Reuters. The Federal Reserve is scheduled to release the report at 3 p.m. EDT Tuesday.

In June, consumers slashed their borrowing at a rate of $10.3 billion, marking another month where households cut back sharply on their use of credit cards and other types of loans amid the longest recession since World War II.

In April, consumers trimmed borrowing at a rate of $17.4 billion, the largest amount on records that date to 1943.

Widespread job losses, declining home values and shrunken stock portfolios have contributed to Americans' more thrifty mood.

The Labor Department reported last week that the unemployment rate jumped almost a half a point to 9.7 percent in August, the highest since 1983. Many economists believe the rate will hit 10 percent before the end of this year and will remain elevated levels for some time.




US appeals court upholds Internet gambling ban
Business Law Info | 2009/09/02 15:00

A U.S. appeals court upheld an Internet gambling ban Tuesday, rejecting a challenge from an association of off-shore bookies that the federal prohibition was too vague and violated privacy rights.

The 3rd U.S. Circuit Court of Appeals in Philadelphia rejected arguments from Interactive Media Entertainment & Gaming Association in New Jersey, which had filed the lawsuit hoping to legalize online betting in that state.

Congress passed the Unlawful Internet Gambling Enforcement Act in 2006 to ban online gambling that would be illegal in the state where the individual or gambling business conducts the transaction. The law does not target the bet itself but criminalizes bank or credit card transactions linked to the bet.

The group, comprised of mostly offshore betting operators, had attacked the law as unconstitutionally vague. Their lawyers questioned how the location of an online bet would be determined if the gambler is in Delaware, for instance, and the operation is in Costa Rica.

At least one of the three judges who heard arguments last month seemed to question that logic.

"No matter how metaphysical you want to get, I'm not in Costa Rica, I'm in Delaware," 3rd Circuit Judge Kent Jordan said.

The court also rejected arguments that the law invades a gambler's right to privacy in the home.

The Justice Department, which successfully defended the law, had no immediate comment, a spokesman said.



Seiko Epson unit pleads guilty in price fixing case
Business Law Info | 2009/08/27 11:30

A unit of Seiko Epson Corp agreed to plead guilty to one count of conspiring to fix prices for liquid crystal screens sold to mobile phone maker Motorola Inc, the U.S. Justice Department said on Tuesday.

Epson Imaging Devices Corp, which was known as Sanyo Epson Imaging Devices Corp at the time of the conspiracy, agreed to pay a $26 million fine for the conspiracy involving LCD panels that were used in Razr mobile phones from late 2005 through mid-2006, the government said.

The company was charged with agreeing with unnamed co-conpirators in Japan to charge certain prices for so-called Thin Film Transistor-Liquid Crystal Display panels and issuing price quotations in line with those agreements, the Justice Department said.

In addition to the guilty plea, which is subject to court approval, Epson also agreed to continue with the ongoing antitrust investigation.

An attempt to reach the company for comment was not immediately successful.



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