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Qualcomm Hires Apple Lawyer; Apple Taps Oracle Lawyer
Business | 2007/09/28 16:23
Qualcomm Inc., the second-biggest maker of chips that run mobile phones, named Apple Inc. general counsel Donald Rosenberg as its new top lawyer to help defend a series of patent and antitrust lawsuits against the company. Apple also said today it was hiring Oracle Corp.'s Daniel Cooperman to replace Rosenberg, who'd been at Apple less than a year. "It seems unusual to move so quickly and move from such a successful company to such a troubled one," said Rees Morrison, of legal consultant Hildebrandt International, of the Qualcomm hiring.

Qualcomm had been looking to fill the general counsel post, the top in-house company lawyer, after previous top lawyer Lou Lupin quit last month. The San Diego-based company, ensnarled in patent litigation with Nokia Oyj and competitor Broadcom Corp., suffered several litigation setbacks earlier this year.

In June, the International Trade Commission ordered an import ban on newer models of phones that run on Qualcomm chips because the chips infringe a Broadcom patent. The ruling, which threatened to prevent phone companies from introducing new models for the holiday season, was put on hold earlier this month by an appeals court.

In August, a federal judge ruled Qualcomm intentionally infringed Irvine, California-based Broadcom's patents and ordered Qualcomm to pay twice as much in damages as originally ordered.

Evidence

Another court ruled Qualcomm withheld evidence in a separate lawsuit and that former company attorneys could face possible fines or sanctions for what that judge called an "organized program of litigation misconduct."

Earlier this month, a federal appeals court revived a Broadcom antitrust lawsuit accusing Qualcomm of stifling competition for chips.

Qualcomm is also embroiled in nearly a dozen legal battles with Finland-based Nokia, the world's biggest maker of mobile phones, over how much Nokia must pay to license Qualcomm's patents for the newest generation of phones with faster Internet access.

Earlier this month, the ITC said it would investigate patent-infringement claims by Nokia against Qualcomm.

After Lupin resigned in August for what Qualcomm called "personal" reasons, Carol Lam, previously the San Diego U.S. attorney, replaced him on an interim basis.

Apple

Rosenberg, 56, joins Qualcomm after working at Cupertino, California-based Apple for less than a year. He joined Apple last November after former General Counsel Nancy Heinen left in May 2006. She was sued by the Securities and Exchange Commission for her alleged role in improperly backdating stock-option grants.

Rosenberg, who will join Qualcomm Oct. 8, was previously general counsel at International Business Machines Corp.

Rosenberg will be replaced by Oracle's Cooperman, who will also hold the titles of senior vice president and secretary. Cooperman joined Apple Nov. 1 from Oracle.

"He has experience as a legal strategist in so many areas, including antitrust, regulatory and IP," said Qualcomm spokeswoman Emily Kilpatrick.

Apple spokeswoman Susan Lundgren declined to comment. Oracle's Bob Wynne didn't return a call seeking comment.

Texas Instruments Inc. is the biggest mobile-phone chipmaker.

Qualcomm shares rose 3 cents to $42.26 in Nasdaq Stock Market composite trading.



Disney Will Shut Down Cellphone Service
Business | 2007/09/28 06:43

A year after shuttering its ESPN cellphone company, Walt Disney Co. said it is closing its Disney cellphone service. Walt Disney launched Mobile ESPN and Disney Mobile last year as mobile virtual network operators, or MVNOs. Under that business model, the Burbank, Calif., company leased wireless spectrum from Sprint Nextel Corp. and sold its cellphone service directly to customers. But in the competitive U.S. cellphone market, Disney struggled in its fight against the major carriers.

Disney announced in September 2006 that it was closing Mobile ESPN, eight months after its debut. The company initially remained optimistic about its Disney-branded service, which sold phones featuring Disney content and services aimed at children and their parents. However, Disney failed to make headway with the big-box retailers and find outlets to sell its phones and related services.

Disney will instead license its content to bigger carriers to sell. Earlier this year, it forged a partnership with Verizon Wireless, which is owned by Verizon Communications Inc. and Vodafone Group PLC, to sell ESPN sports news and video. Disney said yesterday it is considering offering some of its Disney-branded services through a partnership with a major carrier. Disney Mobile included services that let parents locate their kids as well as content such as ring tones and games with Mickey Mouse and other Disney stars.

Disney isn't the only company to stumble in the MVNO arena. Amp'd Mobile Inc. sought Chapter 11 bankruptcy-court protection this year, after its youth-focused service burned through $350 million in start-up funding.

Disney declined to comment on how much it had invested in its MVNOs or the cost of closing them. During a conference call in August 2006, Disney Chief Executive Bob Iger said the company was investing $150 million in Mobile ESPN in 2006. After announcing its closure last September, Disney Chief Financial Officer Tom Staggs told an analysts conference that the cost of closing it would be about $30 million.



Wal-Mart expands $4 prescription drug program
Business | 2007/09/27 04:39
Wal-Mart Stores Inc said on Thursday it has added more medicine to its $4 prescription program, including certain new generic drugs, as part of its push to expand its health and wellness services.

The world's largest retailer said it will make available for $4 drugs to treat glaucoma, attention deficit disorder/attention deficit hyperactivity disorder, fungal infections and acne. Fertility and prescription birth control will also be available for $9, Wal-Mart said.

Last year, Wal-Mart began selling certain generic drugs for $4 per monthly prescription in September and by the end of November had extended the program to all its U.S. pharmacies -- far ahead of schedule.

The company said $4 prescriptions now account for nearly 40 percent of all prescriptions filled in its Wal-Mart, Sam's Club and Neighborhood Market pharmacies. It estimates that over the past year, the program has saved customers $613.6 million.

Earlier this year, it said it would open as many as 400 in-store health clinics in the next two to three years, and that number could jump to 2,000 in five to seven years.



Mutual-Fund Suit Vs Citigroup Dismissed
Business | 2007/09/26 23:15

A federal judge in New York on Wednesday dismissed a lawsuit against Citigroup Inc. that alleged it didn't disclose to mutual-fund customers millions of dollars in savings allegedly pocketed by its asset-management business. In an order Wednesday, U.S. District Judge William H. Pauley III in Manhattan dismissed claims by investors in the Smith Barney family of funds against Smith Barney Fund Management LLC and Citigroup Global Markets Inc., which are part of Citigroup Asset Management. The judge gave the investors the right to replead some claims by Oct. 19.

The judge also dismissed claims against Thomas W. Jones, the former chief executive of Citigroup Asset Management, and Lewis E. Daidone, the former treasurer and chief financial officer of the Smith Barney family of funds.

"It is undisputed that defendants disclosed the amount of fees paid by the funds. Thus, plaintiffs were in possession of all material information, i.e., they knew the value of the funds," the judge said in a nine-page opinion.

The consolidated lawsuit alleged that Citigroup's asset-management business took most of the benefit of a discount from using an affiliated transfer agent for itself, pocketing more than $90 million, rather than passing on those savings to the mutual funds and their customers.

In February, another federal judge in Manhattan dismissed a similar case brought by the Securities and Exchange Commission against Jones and Daidone. Citigroup itself settled the SEC's charges in May 2005 and agreed to pay $208 million to affected mutual-fund customers. In settling, the financial-services company didn't admit or deny wrongdoing.

A lawyer for the investors and a Citigroup spokesman didn't immediately return phone calls seeking comment Wednesday.



Vonage Gets Another Black Eye
Business | 2007/09/26 09:00

For Vonage, things have gone from bad to worse. On Sept. 25, a jury found that Vonage infringed on Sprint Nextel's patents. It asked Vonage to pay $69.5 million in damages and a 5% royalty rate for future use of the patented technology. Sprint may also seek an injunction against Vonage; Vonage say it will appeal. So, what does this mean for Vonage? Basically, Vonage will need to find its way to break even faster now, as its cash has taken a major hit, and it can't afford to lose money for much longer.

Here're some back-of-the-envelope calculations. Vonage will have to pay some $69.5 billion in damages to Sprint. In addition, since spring, it's placed into escrow or issued a bond for some $90 million related to a patent-infringement case it lost to Verizon (a decision on an appeal is expected any day now). That adds up to $159.5 million. Plus, Vonage is obviously paying lots of legal fees. And Vonage is still losing money: It lost $34 million in the second quarter alone.

So, let's look at Vonage's cash. At the end of the second quarter, the company's cash and equivalents totaled $344 million, which included $66 million of restricted cash used as collateral for the Verizon bond. If we subtract from that the various royalty payments and jury awards/restructed cash, Vonage has about $184.5 million in cash and equivalents to work with.

Assuming Vonage continues to lose money at the current rate of $34 million per quarter, the company can last for a little over five more quarters.

This is a very rough estimate, of course: Vonage's expenses will rise as it starts making royalty payments to Sprint. The outcome of the Verizon case can tip the scales one way or another. Thanks to recent staff cuts, overall expenses may fall. But one thing is clear: Vonage will have less financial flexibility now, after the Sprint loss.



Fed's Bernanke predicts further mortgage turmoil
Business | 2007/09/20 05:08

More delinquencies and foreclosures can be expected in the subprime, adjustable-rate mortgage market as borrowers face interest-rate resets, Federal Reserve Chairman Ben Bernanke said Thursday.

In testimony to the House Financial Services Committee, Bernanke also said the market for those mortgages has "adjusted sharply," and that markets "do tend to self-correct."

He outlined steps the Fed is taking to help reduce the risk of foreclosure and stressed the need to beef up underwriting practices.

Just two days after the Fed lowered the federal funds rate by 50 basis points, Bernanke also said the central bank stands ready to foster price stability and sustainable economic growth.

"Recent developments in financial markets have increased the uncertainty surrounding the economic outlook," Bernanke said. "The [Federal Open Market] Committee will continue to assess the effects of these and other developments on economic prospects and will act as needed to foster price stability and sustainable economic growth," he said.

Bernanke said the recent surprise half-percentage point rate cut was designed to forestall potential effects of tighter credit conditions on the broader economy.

"We took that action to try to get out ahead of the situation," Bernanke said.

Bernanke said the central bank's economists would constantly review their internal forecast.

"There is quite a bit of uncertainty, so we're going to have to continue to monitor how the financial markets evolve and how their effects on the economy evolve and try to keep reassessing our outlook and adjusting policy to meet" the Fed's twin goals of price stability and low unemployment.

Still, he said, the global financial system is "in a relatively strong position" to work through the recent credit and market turbulence.



Investors await Fed decision on rate cut
Business | 2007/09/18 07:27
Federal Reserve policymakers opened a long-awaited meeting on interest rates Tuesday amid expectations of a move to revive a sputtering economy, but with some arguing against a return to easy-money conditions blamed for the problems.

The Federal Open Market Committee was set to announce a decision at 1815 GMT.

The committee was widely expected to cut interest rates in a bid to ease stress in the housing and credit markets, and head off a potential recession.

Most analysts say they expect the FOMC, which has held its federal funds rate at 5.25 percent since June 2006, to cut the benchmark rate by 25 or 50 basis points, which could lead to lower borrowing costs for many consumers and businesses.

A rate cut "would reflect an effort to contain the downside risks to growth associated with the swift tightening in financial conditions this summer in an already subpar economy," said Citigroup economist Robert DiClemente, who predicts a half-point cut.

DiClemente says the current rate of 5.25 percent is "higher than neutral," or holding back economic growth, and that a failure to cut rates "could risk an undesirable breach in investor confidence and broader damage to the expansion."

"The sooner we get to 4.5 percent or thereabouts, the better the chances of stabilizing the economic outlook and the financial system that supports it," DiClemente said.

Rod Smyth at Wachovia Securities said he expects a quarter-point cut, with the possibility of more cuts later.

"We believe Fed chairman (Ben) Bernanke's reluctance to cut rates aggressively is based partly on his preference that markets work out their own problems," he said.

"Furthermore, we think he wants to discourage the view that the Fed will always come to the rescue during periods of financial turmoil."

Some analysts say that if the Fed fails to take bold action such as a half-point cut, it could trigger more turmoil in financial markets, causing more failures of home lenders and mortgage defaults and prompting a freezing up of broader credit markets.

"We strongly believe that if the Fed only cuts rates by 25 basis points even with a strongly worded FOMC statement to commit to more easing if need be, there could be a significant disappointment trade in the financial markets, especially in stocks," said Deutsche Bank economists Joseph LaVorgna and Carl Riccadonna in a note to clients.

"If policymakers move too slowly now, they run the risk that more considerable damage will be inflicted on the financial markets and the real economy, and resultantly they will have to cut rates more aggressively in the long run."

Others claim that economic conditions do not warrant a rate cut, and that such a move would simply be providing more of the easy money that fueled the boom-and-bust cycle.

"The US economy is not booming ... However, the economy is not collapsing either," argued Eugenio Aleman, senior economist at Wells Fargo, who says it would be wrong for the Fed to buckle to market pressure.

"A fed funds cut will not bring back the US housing market. A fed funds cut will not bring back the commercial paper market," he said.

The US economy expanded at a robust 4.0 percent pace in the second quarter, but many experts view that as a statistical fluke that belies soft conditions. The loss of 4,000 jobs in August, say some, point to deep problems as the housing slump and credit problems drag on growth.

Of key importance is the message sent to financial markets. Chairman Ben Bernanke wants to ease economic stress while avoiding the impression that he is bailing out speculators and hedge funds.

"As I see it, the media hype over whether the first move will be 25 or 50 basis points is overblown," said Morgan Stanley economist Richard Berner.

"What matters more than the first move is the future path for monetary policy, and both camps at the FOMC will likely agree that more is needed because like us, they've significantly lowered their sights on future growth."



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