Judge Rejects Silicon Valley Settlement

A California judge has rejected the proposed settlement in a lawsuit over no-hire agreements used by top Silicon Valley tech firms, saying the amount being offered to compensate workers is too low.

The remaining defendants in the case — Apple, Google, Intel and Adobe Systems — had reached a deal with the worker’s lawyers to settle the case for US$324.5 million, but Judge Lucy Koh of the federal district court in San Jose, California, said that amount is too low.

After subtracting the fees for the workers’ lawyers — they’re allowed to keep up to a quarter of the award, or $81 million, as well as other money — each worker would be left with an average of only $3,750.

“The Court finds the total settlement amount falls below the range of reasonableness,” Koh wrote in her order, issued Friday.

She said she was troubled that the workers would get less money than under a previous settlement with companies that settled earlier in the case, even though the case has been progressing in the workers’ favor since then.

Last year, Intuit, Lucasfilm and Pixar settled with the workers before the case came to trial.

All of the companies were accused of striking secret deals to not poach each others’ workers, a violation of the Sherman Antitrust Act that reduced the workers’ potential to earn higher wages.

An expert hired for the case has estimated that the workers’ should receive damages of $3 billion, for wages they could have earned if the no-hire agreements hadn’t been in place.

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FTC Pushes For Security Standards

Despite growing resentment from companies and powerful industry groups, the Federal Trade Commission continues to insist that it wants to be the nation’s enforcer of data security standards.

The FTC, over the past years, has gone after companies that have suffered data breaches, citing the authority granted to it under a section of the FTC Act that prohibits “unfair” and “deceptive” trade practices. The FTC extracted stiff penalties from some companies by arguing that their failure to properly protect customer data represented an unfair and deceptive trade practice.

On Thursday, FTC Chairwoman Edith Ramirez called for legislation that would bestow the agency with more formal authority to go after breached entities.

“I’d like to see FTC be the enforcer,” Law360 quoted Ramirez as saying at a privacy event organized by the National Consumers League in Washington. “If you have FTC enforcement along with state concurrent jurisdiction to enforce, I think that would be an absolute benefit, and I think it’s something we’ve continued to push for.”

According to Ramirez, the FTC supports a federal data-breach notification law that would also give it the authority to penalize companies for data breaches. In separate comments at the same event, FTC counsel Betsy Broder reportedly noted that the FTC’s enforcement actions stem from the continuing failure of some companies to adequately protect data in their custody.

“FTC keeps bringing data security cases because companies keep neglecting to employ the most reasonable off-the-shelf, commonly available security measures for their systems,” Law360 quoted Broder as saying.

An FTC spokeswoman was unable to immediately confirm the comments made by Ramirez and Broder but said the sentiments expressed in the Law360 story accurately describe the FTC’s position on enforcement authority.

The comments by the senior officials come amid heightening protests against what some see as the FTC overstepping its authority by going after companies that have suffered data breaches.

Over the past several years, the agency has filed complaints against dozens of companies and extracted costly settlements from many of them for data breaches. In 2006 for instance, the FTC imposed a $10 million fine on data aggregator ChoicePoint, and more recently, online gaming company RockYou paid the agency $250,000 to settle data breach related charges.

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Did Apple Trick Sharp?

Sharp is really regretting its dependence on Apple as its main customer.

While it made sense at the time to be extremely pleased when Apple sucked up most of its capacity with screens for its iPhone and iPad, now the tide has turned the outfit is reporting a bigger than forecast loss. Sharp is now suffering from low output at its factories and forced to write off excess capacity.

The company had a $5.1 billion net loss for the year which is much worse than it predicted. At the start of the year, Sharp was forced to curtail production of 9.7-inch screens for Apple’s iPad. That has stepped up the urgency for Sharp to find new customers and uses for its leading-technology displays and may make it harder for the company to convince investors and lenders it remains a viable company.

Sharp will officially announce its results for latest business year on May 14. To make matters worse the company is also taking a charge to put aside cash for possible fines from a display price-fixing investigation in Europe, the sources said. Sharp in October received a $4.4 billion bailout from banks including Mizuho Financial Group and Mitsubishi Financial Group in return for mortgaging nearly all its factories and offices in Japan and pledging to cut 10,000 jobs.

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Sharp Says No To Intel

While Sharp is desperately looking for more cash, it appears that it will try busking outside CES with a dog on a string before it takes money from Intel.

A senior senior executive from the Japanese company told the Mercury News denied that the company was looking for money from Intel. Industry analysts had speculated that Intel and Sharp, which supplies screens to Apple (AAPL) for its latest iPhonem, were in investment discussions.

Sharp is fighting for survival after years of losses. In November, it said it may not be able to survive on its own after full-year net losses to doubled to $5.6 billion. Sharp Vice President Kozo Takahashi told reporters at a roundtable briefing on the sidelines of the Consumer Electronics Show in Las Vegas that the company’s finances have been weakened considerably and we are considering ways to deal with that.

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Is Alcatel-Lucent Running Low?

Alcatel-Lucent, which was the combination of Lucent and French network equipment provider Alcatel, has been going through a tough few years as it battles against rivals such as Huawei, Nokia Siemens and Ericsson. Now the firm has reportedly looked to investment bank Goldman Sachs for a loan in return for the firm putting up some of its assets as collateral.

According to Bloomberg’s sources, the amount of the loan has yet to be disclosed and the firm even mooted the prospect of selling assets including its undersea cable and enterprise businesses. The sources said discussions about the sale were still at an early stage and claimed neither asset could fetch more than €1bn, highlighting just how far the firm has fallen in recent years.

Alcatel-Lucent needs to sort out its balance sheet because the firm needs to service more than €2bn debt in the next three years. The company might have to look at its vast patents portfolio, though whether it might sell them or merely license them is not clear at this stage.

With Huawei and ZTE winning business away from European vendors such as Alcatel-Lucent and Nokia Siemens, it is not surprising that the firm is having to take drastic action in order to keep the lights on. However for Alcatel-Lucent it is a embarrassing situation for the firm.

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Will Sharp Collapse?

Japanese troubled telly maker, Sharp, has warned that if it can’t do something radical soon, its business could go the way of the dodo and T-Rex.

Despite being a major supplier of LCD displays to Apple and other manufacturers, the company has admitted that it can’t survive in its current form. According to Computerworld the company said that there is “material doubt” about its ability to continue operating. The company thinks that it can cut costs and secure enough credit to survive and much of its plan for recovery is based on its IGZO technology for mobile displays.  This technology uses less battery power than existing screens.

Sharp is also carrying out a restructuring plan in which it has reduced headcount, slashed employee salaries and mortgaged its buildings and factories. The company is booking a net loss of $5.6 billion for the year mostly to cover its restructuring costs. Its stock has been downgraded to junk status by ratings agencies and apparently its executives have been seen around Apple and Intel HQ’s with their cloth caps in their hands looking for bail outs, or investments, depending on who you talk to.

Sharp President Takashi Okuda said the company is continuing its  negotiations with Hon Hai, even though so far these have not been going that well. Sharp made a mistake in that it thought that the world wanted LCD panels for large-screen TVs. It is now trying to switch over to the booming market for tablets and smartphones.

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Japan Goes After Online Piracy

Japan will enforce anti-’piracy’ laws that criminalize illegally downloading media files.

The penalties see downloaders running the risk of a two year stay in prison and a fine of up to about $25K, according to a BBC report.

The BBC reports that the enforcement proposal follows a lobbying campaign by the Japanese music industry, adding that the penalties could apply even if someone has downloaded only a single file. The laws were passed two years ago, but so far have not been implemented.

Local rightsholders will be hoping that from now on the criminal penalties will be enforced, and in spades. They are the kind of sanctions that rightsholders dream of and are much stricter than the three-strikes policy in the US.

Anyone caught uploading is also treated more sternly, and could be jailed for as long as ten years.

Japan has a large market for media material, and its government apparently is bowing to protect the interests of rightsholders.

This past Summer the Japanese government ratified the draconian Anti-Counterfeiting Trade Agreement (ACTA), despite it being rejected elsewhere.

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Sharp Electronics Gets Downgraded

Sharp has had its credit rating cut to junk status by the Standard and Poor’s rating agency.

Sharp, which invested heavily during the LCD television boom in the mid 2000s, is now paying the price as demand for televisions slumps across the board. Now Standard and Poor’s has bestowed the ignominy of lowering Sharp’s credit rating to BB+, putting it into what’s called junk status.

Standard and Poor’s also warned that Sharp has weak cash flow and is facing worsening market conditions, two things that will not endear it to investors. It said, “Sharp’s liquidity position has weakened, and the company is highly dependent on short-term borrowings in light of weak internal cash flow and a less favourable funding environment.”

Sharp has had a troubled year and earlier this week announced that it will lay off 2,000 employees in Japan, as its LCD business simply cannot support itself. Standard and Poor’s said that unless Sharp’s fortunes improve, the firm could be hit with another credit rating downgrade.

Standard and Poor’s said, “We may consider lowering the ratings if Sharp’s earnings in (the year to March 2013) and prospects for its recovery deteriorate even further or the company’s financing environment and relationships with credit banks and strategic partners worsen.”

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Sharp To Pay Fine In Price Fixing Settlement

Sharp said on Monday it has agreed to pay Dell and two other firms $198.5 million to settle a lawsuit for fixing LCD panel prices in Europe and North America.

The company agreed to settle the civil lawsuit, which was first filed in November of 2009 against a group of companies including Sharp, Epson, Hitachi and Toshiba for collusion on prices of LCD panels sold to Dell. A Sharp spokeswoman said the company made the decision independent of the other firms involved in the lawsuit, and the payment would settle the suit with Dell. Sharp did not name the two other companies besides Dell.

“After broadly considering factors such as the U.S. civil lawsuit system and the facts of this case, Sharp has determined that agreeing to a settlement is the best policy,” the company said in a statement.

Dell sought damages to recover funds it paid for LCD panels purchased at inflated prices. The lawsuit involved TFT (thin film transistor) panels, widely used in TVs, laptops and handheld gadgets.

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Judge Oks Sprint’s Lawsuit Against AT&T

A judge in the U.S. on Wednesday gave the go ahead to parts of C Spire Wireless and Sprint Nextel’s lawsuits against AT&T’s proposed US$39 billion acquisition of T-Mobile USA.

AT&T and T-Mobile had moved for dismissal of the lawsuits arguing that the complaints by Sprint and C Spire, formerly Cellular South, failed to adequately substantiate that the merger would cause them “antitrust injury”.

The decision by District Judge Ellen Segal Huvelle of the United States District Court for the District of Columbia could complicate AT&T’s defense of the deal which has been already opposed by the U.S. government.

The U.S. Department of Justice filed a lawsuit in August to block AT&T from acquiring T-Mobile, saying that the deal would significantly reduce competition, increase prices and stifle innovation. Seven state attorneys general have joined the lawsuit. That case goes on trial in February before Judge Huvelle.

Where private plaintiffs have successfully pleaded antitrust injury, the fact that they are defendants’ competitors is no bar, Judge Huvelle said before allowing Sprint and C Spire to proceed with their claim that the merger would make it difficult for them to acquire wireless devices. The companies had claimed that after the merger AT&T and Verizon would be in a better position to get exclusive handset deals, while foreclosing their access to the most innovative handsets and raise their costs.

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