Bloomberg News

Quinn Emanuel, MoFo, Wachtell, Sidley: Business of Law

August 24, 2012

Aug. 24 (Bloomberg) -- Apple Inc. has spent at least $32 million in one patent-infringement dispute with Google Inc. (GOOG:US)’s Motorola Mobility unit -- one among many legal fights on four continents.

Add them up and it’s clear the Cupertino, California-based company is paying hundreds of millions of dollars in its quest to prove that Samsung Electronics Co. (005930), Motorola Mobility and HTC Corp. ripped off the iPhone.

As Bloomberg’s Susan Decker reports, the lawsuits are a boon for patent lawyers, who bill companies as much as $1,200 an hour each for their ability to help jurors and judges understand technology and arcane rules of law. Apple has spent more than $2 million on expert witnesses alone for a trial (AAPL:US) in its case against Samsung in federal court in San Jose, California, based on a compilation of what witnesses said they were being paid. That case is in the hands of the jury.

Quinn Emanuel Urquhart & Sullivan LLP, the firm that has become the Android protector in representing Samsung, Motorola and HTC, bills an average of $821 an hour for a partner and $448 for an associate, according to a July 22 filing in the trial in San Jose. Lawyers can bill as much as 80 hours a week during trial.

Morrison & Foerster LLP, which represents Apple in the trial, has a median partner rate of $582 an hour and $398 for associates, the firm said in a May 7 filing.

For more, click here.

Dish Network Sued by FTC Over ‘Do Not Call’ List Violations

Dish Network Corp. (DISH:US) was sued by the U.S. Federal Trade Commission and accused of violating the agency’s National Do Not Call Registry in its telemarketing operations.

The FTC said in a lawsuit filed yesterday in federal court in Springfield, Illinois, that the second-largest U.S. satellite-television provider illegally called millions of consumers who asked its telemarketers or its affiliates not to call them again.

“We have vigorously enforced the Do Not Call rules and will continue to do so to protect consumers’ right to be left alone in the privacy of their own homes,” FTC Chairman Jon Leibowitz said in a statement.

Leibowitz said it was “particularly disappointing when a well-established, nationally known company -- which ought to know better -- appears to have flagrantly and illegally made millions of invasive calls to Americans who specifically told Dish Network to leave them alone.”

Dish said in an e-mailed statement that it disputed the FTC’s allegations, saying its marketing practices reflect “best-in-class standards” and have been certified by an independent third-party expert after a thorough review.

“We vigorously will defend ourselves against the claims,” John Hall, a spokesman for Englewood, Colorado-based Dish, said in the statement.

DirecTV (DTV:US), based in El Segundo, California, is the largest satellite-TV provider.

The case is Federal Trade Commission v. Dish Network LLC, 3:12-cv-03221, U.S. District Court, Central District of Illinois (Springfield).

Deals

Wachtell, Sidley, Shumaker in Sunrise Acquisition

Health Care REIT Inc. (HCN:US), the third-largest health-care real estate investment trust by market value, agreed to acquire Sunrise Senior Living Inc. (SRZ:US) for about $845 million to expand its assisted-living communities.

In the deal, Wachtell, Lipton, Rosen & Katz represented Sunrise. Leading the Wachtell team are partners Adam Emmerich and David Lam. Also on the deal are tax partner T. Eiko Stange, antitrust partner Joseph Larson and restructuring and finance partner Scott Charles.

Partners Eugene Pinover and David Drewes of Willkie Farr & Gallagher LLP also advised Sunrise. Michael Anderson of Arent Fox LLP provided regulatory advice to Sunrise.

Sidley Austin LLP and Shumaker, Loop & Kendrick LLP of Toledo, Ohio, represented Health Care REIT. On the deal are Sidley partners David Zampa and Matthew McQueen. From Shumaker are partners Mary Ellen Pisanelli and Cynthia Rerucha.

Under the terms of the deal, Health Care REIT will pay $14.50 a share in cash. Sunrise has about 58.3 million shares outstanding, according to data compiled by Bloomberg. The transaction reflects a real estate value of about $1.9 billion, Toledo-based Health Care REIT said in a statement Aug. 22.

Demand for assisted-living and senior housing is expected to rise as the U.S. population ages. The number of residents aged 65 and over will increase 79 percent through 2030, Health Care REIT said in a quarterly regulatory filing, citing Census Bureau data. The acquisition of McLean, Virginia-based Sunrise will expand Health Care REIT’s presence in major markets such as New York, Los Angeles, Washington and Philadelphia.

U.S. health-care REITs have announced deals totaling $3.44 billion in the last 12 months at an average premium of about 13 percent, according to data compiled by Bloomberg.

For more on the deal, click here.

Moves

Seyfarth Shaw Adds Litigator in Los Angeles Office

Seyfarth Shaw LLP said Scott M. Pearson joined the firm’s Los Angeles office as a partner in its litigation department. He will also co-chair the firm’s consumer financial services litigation practice group with David Bizar.

Pearson joins from Stroock & Stroock & Lavan LLP.

With a practice concentrated in complex commercial litigation and consumer law, Pearson defends consumer financial services class actions and governmental enforcement actions. On behalf of financial institutions, Pearson has successfully defended more than 70 class actions and hundreds of other cases involving credit cards, mortgages, retail banking, real estate, auto lending and student loans, Seyfarth said in a statement.

Pearson also has managed other types of complex litigation, including claims against directors and shareholders, securities class actions and arbitrations, antitrust cases, intellectual property disputes, false advertising claims, data security and privacy matters, and large contract disputes.

Seyfarth Shaw has more than 800 attorneys in 10 offices throughout the U.S.

Davidoff Hutcher Adds Partner in New York and Long Island

Davidoff Hutcher & Citron LLP, a law and government relations firms, added Thomas P. Mohen as a partner resident in the firm’s Manhattan and Garden City, Long Island, offices.

He specializes in general business matters, employment law and commercial litigation.

Mohen has represented individuals, businesses, financial institutions and governmental units for more than 25 years, the firm said in a statement. He formerly was a partner in Mohen & Treacy LLP with offices in Manhattan and Locust Valley, New York.

Davidoff Hutcher has 48 attorneys in offices in New York and Washington.

Intellectual-Property Lawyer Joins Barnes & Thornburg

Kenneth D. Suzan joined Barnes & Thornburg LLP in its Minneapolis office as of counsel.

Previously a partner at Hodgson Russ LLP in Buffalo, New York, Suzan focuses on trademark law and strategy, including prosecution, clearance, licensing, infringement, copyright, and policing and litigation. He has assisted clients with prosecuting and defending trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board, and also advises clients in domain name, Internet, social media, and new media matters

Barnes & Thornburg has more than 550 attorneys nationwide.

To contact the reporter on this story: Ellen Rosen in New York at erosen14@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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