Lawsuit posts
FeedPosted Nov 13th 2009 11:20AM by Mark Fightmaster (RSS feed)
Filed under: Competitive strategy, Burger King Hldgs (BKC), Entrepreneurs
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
Posted Sep 28th 2009 10:00AM by Tom Johansmeyer (RSS feed)
Filed under: Scandals
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
Posted Jun 30th 2009 2:40PM by James Cullen (RSS feed)
Filed under: Johnson and Johnson (JNJ), Abbott Laboratories (ABT)

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
Posted Jun 19th 2009 2:40PM by Mark Fightmaster (RSS feed)
Filed under: NIKE, Inc'B' (NKE)

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
Posted May 14th 2009 8:40AM by Mark Fightmaster (RSS feed)
Filed under: After the bell, Law, JPMorgan Chase (JPM), Bank of America (BAC), Morgan Stanley (MS), MBIA Inc (MBI)
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
Posted Apr 27th 2009 2:00PM by Brent Archer (RSS feed)
Filed under: Major movement, Earnings reports, Deals, Good news, Law, QUALCOMM Inc (QCOM), Broadcom Corp'A' (BRCM), Options, Technical Analysis
Qualcomm (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?
Posted Apr 10th 2009 1:30PM by Mark Fightmaster (RSS feed)
Filed under: Law, Scandals, NIKE, Inc'B' (NKE)
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?
Posted Mar 27th 2009 11:00AM by Mark Fightmaster (RSS feed)
Filed under: Intel (INTC)
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
Posted Feb 13th 2009 1:20PM by Brent Archer (RSS feed)
Filed under: Major movement, Bad news, Law, Altria Group (MO), Options, Technical Analysis
Altria (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
Posted Feb 4th 2009 2:30PM by Mark Fightmaster (RSS feed)
Filed under: Citigroup Inc. (C)

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
Posted Oct 28th 2008 11:11AM by Elizabeth Harrow (RSS feed)
Filed under: Analyst reports, MasterCard Inc'A' (MA), Morgan Stanley (MS), Visa Inc. (V)
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.
Posted Jul 15th 2008 8:00AM by Laurie Pasternack (RSS feed)
Filed under: Newspapers, Magazines, Google (GOOG), Viacom (VIA), Amer Intl Group (AIG),
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.
Posted Jul 7th 2008 4:04PM by Michael Fowlkes (RSS feed)
Filed under: International markets, Deals, Law, Competitive strategy, Coca-Cola (KO), Japan

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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