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Burger King franchisees sue over $1 burgers

Interesting little battle shaping up in the fast-food realm, and it isn't between restaurants -- it is within one. According to the Associated Press, Burger King (BKC) franchisees are suing the company over its recent $1 double cheeseburger promotion.

The reason for the lawsuit is that the franchisees are losing money on the deal because the company is setting maximum menu prices, which Burger King is not allowed to do. The National Franchise Association (NFA), which represents more than 80% of Burger King's U.S. franchise owners, says that the promotion is forcing restaurant owners to sell the quarter-pound burger at a 10-cent loss. One Burger King franchisee said that the burger in question typically costs franchisees $1.10.

Continue reading Burger King franchisees sue over $1 burgers

Madoff family to be sued for $198 million

Even with the ringleader in jail, the pursuit of Bernie Madoff doesn't seem to be finished. Sunday night, the trustee who's winding down the Madoff company said on 60 Minutes that Madoff's two sons (Mark and Andrew), brother (Peter) and niece (Shana) will be slapped with a $198 million suit. They are alleged to have known about the Ponzi scheme, according to the trustee, Irving Picard and his chief counsel, David Sheehan.

Sheehan and Picard are also working under the assumption that there is still some money hidden, quite a lot of it, in fact. Picard told the show, "We'd assume it's millions and millions of dollars." Yet, this probably wouldn't help with the task in front of them.

Continue reading Madoff family to be sued for $198 million

Microsoft fined $290 million in a patent ruling

A judge in Texas has ordered Microsoft (MSFT) to stop selling some versions of its Word software in the United States within two months. This follows a May decision that found Word infringes on a Canadian tech firm's patent.

The offending programs are Word 2003 and Word 2007, which seem to have borrowed technology on how to encode and display information. In addition, MSFT was ordered to pay $290 million to the Canadian firm i4i for damages and interest. The judge also issued an injunction that will take effect in 60 days, this move will not allow MSFT to sell Word products including the patented technology.

Continue reading Microsoft fined $290 million in a patent ruling

Abbott Labs to pay J&J $1.67 billion from patent lawsuit

Yesterday, pharmaceutical giant Johnson & Johnson (JNJ) said that its patent infringement lawsuit against Abbott Labs (ABT) was successful, with Abbott ordered to pay $1.67 billion because its best-selling drug, Humira, too closely resembles J&J's Remicade. The drugs are intended to treat rheumatoid arthritis by blocking a substance known as TNF, which causes inflammation. According to the Arthritis Foundation, 1.3 million Americans suffer from rheumatoid arthritis, a chronic disease. Abbott Labs sponsors the group's programs specifically related to rheumatoid arthritis.

The verdict leaves Abbott stock in a tenuous position. The healthcare sector has been in the crosshairs lately as concerns about costly medical reform swirl, with the SPDR S&P Pharmaceuticals (XPH) ETF down slightly year-to-date, compared to the nearly 5% gain on the S&P 500. Abbott Labs has underperformed both comparables, and is down 10% year-to-date.

Continue reading Abbott Labs to pay J&J $1.67 billion from patent lawsuit

JockStocks: A look at Eddie Van Halen's frivolous lawsuit against Nike

It is a rare occasion when several of my interests line up ... but that has happened this week. First and foremost, I am a sneakerhead - a sneakerfreak - a sneakerologist - whatever you want to call it. I am also a fan of music, namely great guitar players - and being a child of the 80's, Eddie Van Halen is one of the first names that comes to mind when asked to name great guitarists. Well, sneakers and Eddie Van have collided, as the rocker is suing Nike (NYSE: NKE) for using his "Frankenstrat" guitar's color scheme in a pair of shoes without his permission.

Nike has created a design for a pair of its Dunk Low sneakers that has a red sole on a black show, with white and black diagonal stripes decorating the sole. Eddie contends that this design has caused "irreparable harm and damage" to his design, which he trademarked back in 2001. According to Nike, "Nike's Dunk shoe design is not substantially similar to any of the Van Halen designs, and Nike has not referenced the 'Van Halen' name or image as part of any marketing campaign or promotional material associated with the shoe."

Continue reading JockStocks: A look at Eddie Van Halen's frivolous lawsuit against Nike

MBIA sued by other banks for splitting units

In yesterday's online edition of The Wall Street Journal, it was reported that MBIA (NYSE: MBI) is facing lawsuits from a group of 18 different financial institutions. The lawsuit was filed in New York State court and includes the likes of J.P. Morgan Chase (NYSE: JPM), Bank of America (NYSE: BAC), Morgan Stanley (NYSE: MS), and UBS (NYSE: UBS).

These banks are claiming that the way MBIA split its municipal bond insurance business earlier this year was "an unlawful attempt to escape" its contractual obligations to cover losses from mortgage securities. In addition to the split earlier this year, MBIA shifted $5 billion to a municipal bond insurance company.

Continue reading MBIA sued by other banks for splitting units

Is the Qualcomm-Broadcom dispute finally settled?

QCOM logoQualcomm (NASDAQ: QCOM - option chain) shares are rising today despite a weak earnings report this morning after the company agreed to pay $891 million to Broadcom (NASDAQ: BRCM) to dismiss all pending lawsuits between the two companies. The $891 settlement was not as high as the figure some analysts had feared QCOM would have had to pay BRCM. Plus, this dispute has been raging for quite some time with no end in sight, so a cessation of hostilities should be good for both companies. If you think that the stock won't fall by too much in the coming months, then now could be a good time to look at a bullish hedged trade on QCOM.

QCOM opened this morning at $42.35. So far today the stock has hit a low of $42.30 and a high of $44.59. As of 11:40, QCOM is trading at $43.78, up $2.42 (5.8%). The chart for QCOM looks bearish and S&P gives QCOM a negative 2 STARS (out of 5) sell ranking.

Continue reading Is the Qualcomm-Broadcom dispute finally settled?

JockStocks: Pony sues Nike, is the pot calling the kettle black?

Footwear manufacturer Pony is suing much larger (and presumably richer) foe Nike (NYSE: NKE). Pony contends that Nike has infringed on its "iconic logo" (look familiar?) in Nike's new "V for Victory" soccer advertising campaign.

Pony contends that the chevron seen on the player's chests is far too close to its chevron-based logo, which the company has used for 35 years.

Pony stated, "The key distinguishing feature of the [Nike] campaign is the use of a chevron mark, which is identical or virtually identical to the registered trademarks owned by Pony."

Does Pony have a point? Yes, but I have some problems I feel I should address here. First, I am no legal or design expert, but isn't Pony's original chevron logo a bit similar to Nike's iconic swoosh?

Continue reading JockStocks: Pony sues Nike, is the pot calling the kettle black?

Nvidia issues a countersuit against Intel

Late yesterday, chip maker Nvidia (NASDAQ: NVDA) announced a countersuit against Intel (NASDAQ: INTC), as the two quarrel over what should be covered by a license agreement reached in 2004. NVDA's suit is in a Delaware Chancery Court, and it alleges that INTL breached a license agreement wherein the two companies had access to each other's technologies.

The dispute began a month ago, as INTC filed a motion against NVDA (in the same court), noting that the agreement didn't allow NVDA to make chipsets with certain INTC chips. NVDA has dismissed this notion, claiming that INTC is blocking them from "making use of the very license rights that they agreed to provide."

Continue reading Nvidia issues a countersuit against Intel

Altria (MO) falls on new legal precedent

MO logoAltria (NYSE: MO - option chain) stock is falling today after a Florida jury found that the death of a smoker was caused by his addiction to cigarettes. MO's subsidiary Philip Morris now is involved in the second phase of the trial , which is to decide who is at fault for his addiction. This is the first case in which an individual smoker's family sued a tobacco company for death by cigarette addiction. This is a tough precedent for MO and the cigarette industry, as it opens the industry up to potentially limitless civil suits from individual smokers.

While I believe that cigarette stocks are well-suited to our current environment, Phillip Morris International (NYSE: PM), a former subsidiary of MO, looks much more attractive to me, due in part to its lower exposure to the American legal system. PM is off by only 0.6% today compared to MO' s 3.5%. If you think Altria stock won't be rising too far in the coming months, then it could be a good time to look at a bearish hedged play on MO.

Continue reading Altria (MO) falls on new legal precedent

Citigroup suing a pawnshop ... seriously

Seriously, doesn't Citigroup (NYSE: C) have bigger fish to fry? Yesterday, the company released plans for using $36.5 billion of the $45 billion it received from the government - a majority of which will go to residential mortgage lending. This is a good thing, especially in light of questions surfacing about the company's $400 million sponsorship of the New York Mets' new digs (will they or won't they sponsor the stadium ... sure looks like they will).

Continue reading Citigroup suing a pawnshop ... seriously

Not so fast Under Armour, you're being sued by the Chicago Cubs

Perhaps this is a post-season tilt that the Cubbies may actually be able to win. Sorry Chicago, but this blogger is a dyed-in-the-wool Cincinnati Reds fan ... and I love to take cheap shots at the competition whenever I can.

You see, the Cubs are suing Under Armour, Inc. (NYSE: UA) for breach of contract (check out SportsOneSource Media for the heads up). The UA logo is emblazoned on the left-center and right-center field doors embedded in the iconic ivy walls of Wrigley Field.

Continue reading Not so fast Under Armour, you're being sued by the Chicago Cubs

Visa, MasterCard settle with Discover, but what about Morgan Stanley?

Credit-card concerns Visa, Inc. (NYSE: V) and MasterCard, Inc. (NYSE: MA) will be shelling out up to $2.75 billion to settle an antitrust suit with Discover Financial Services (NYSE: DFS). Specifically, MasterCard will pay Discover $862.5 million in the fourth quarter, while Visa will fork over $1.89 billion over the course of 2009. Following the release of the settlement's details, an analyst at Keefe, Bruyette & Woods is weighing in favorably on all three firms.

Sanjay Sakhrani called the news "a big win for Discover, as it provides an additional cushion to contend with the implications of a weaker U.S. economy." He expects the payments will add about $1.75 to Discover's earnings per share. However, he also cited the report as an upside catalyst for MasterCard and Visa, as it eliminates an overhang on shares of both companies -- an assertion supported by analyst Julio C. Quinteros, Jr., of Goldman Sachs.

Unfortunately, though, it's not all sunshine and rainbows in the credit-card group today. Morgan Stanley (NYSE: MS) has filed its own suit against Discover in New York State Supreme Court, alleging that it's entitled to a chunk of the $2.75-billion settlement. DFS was spun off from Morgan Stanley last year, and the latter company claims that it should receive a portion of the award under the terms of a special dividend agreement.

Not so fast, says Discover, which alleges that its parent company is in violation of their spinoff agreement, and "the amount of Morgan Stanley's special dividend is a matter of dispute." Morgan fired back that "there is absolutely no basis for Discover's claim that the agreement was breached." Stay tuned to see how this credit-card drama plays out -- in early trading, shares of all three credit card companies were higher.

Elizabeth Harrow is an analyst and financial writer in the research department at Schaeffer's Investment Research. She is featured in the video series Schaeffer's Daily Q&A on SchaeffersResearch.com.

Newspaper wrap-up: Lehman CEO may look to take company private

MAJOR PAPERS:
  • The market for private mortgage insurance has narrowed and is tougher to obtain, further pressuring home buyers and affecting the market, the Wall Street Journal reported. "Clearly, the pendulum had swung a little too far in terms of flexibility in underwriting," said Len Sweeney, the chief risk officer at AIG United Guaranty, a part of American International Group Inc (NYSE: AIG).
  • In a agreement with Viacom Inc (NYSE: VIA), Google Inc (NASDAQ: GOOG) said it will remove visitor data from YouTube before it fulfills a judge's order to send data to Viacom, as a part of a larger copyright lawsuit, the Wall Street Journal reported.
OTHER PAPERS:
  • As part of its effort to emerge from bankruptcy protection, the Detroit News reported that Delphi Corp (OTC: DPHIQ) announced plans to sell its brake business. Delphi has retained W.Y. Campbell and Co to help sell the unit, which has around 1,000 employees worldwide.
  • The New York Post learned that Dick Fuld, the CEO of Lehman Brothers Holdings Inc (NYSE: LEH), is seriously considering ways to take the company private. The Post said that talks centering on the privatization of Lehman have "gotten very serious consideration," according to sources, although details on how a maneuver may work remain unclear.

Coke settles 'channel stuffing' lawsuit for $137.5 million

It was announced today that soft drink giant Coca Cola (NYSE: KO) had settled an almost 8-year-old lawsuit today for $137.5 million. The case originated back in October of 2000, and alleged that the company had artificially boosted its strike price in 1999.

According to the lawsuit, back in late 1999 Coca Cola applied pressure to some of its bottlers to buy unnecessary beverage concentrate. By adding "hundreds of millions of dollars" to the books, the company was allegedly able to report much higher sales volumes to its shareholders and keep its stock price artificially inflated. This practice is typically referred to as "channel surfing".

Despite the fact that the company decided to settle, there was definitely no admission to any wrongdoing. A company representative stated that the decision to go ahead and settle out was merely a move meant to avoid any length and drawn out legal battle, and by no means should be viewed as any admission of guilt in the charges.

Continue reading Coke settles 'channel stuffing' lawsuit for $137.5 million

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Last updated: November 26, 2009: 06:49 PM

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