quinn emanuel
quinn emanuel urquhart & sullivan, llp | business litigation report
INSIDE
Practice Area Updates:
Securities and Structured
Finance Litigation Update
Page 6
Patent Litigation Update
Page 7
Construction Litigation
Update
Page 8
Valentine’s Day Pro Bono
Asylum Victory and Other
Victories
Page 10
Law360 Names Six Quinn
Emanuel Partners 2017
“MVPs of the Year”
Page 11
Quinn Emanuel Court of
Appeal Win for Metropolitan
Water District Named a 2017
Top Appellate Reversal by The
Daily Journal
Page 11
Attorney Advertising
April 2018
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You Too? Could Be. What to Do.
Introduction: Modern Life
“I believe all men are guilty,” Barry Diller recently
told New York Times columnist Maureen Dowd. He
went on to make clear: Not in what he, and everyone
else, calls the Harvey Weinstein way, but at least of
irtation, maybe inappropriate comments, a hug or a
hand, the kind of thing that we would not be talking
about, except amongst ourselves, a year ago, and that
is grounds for what Diller called “capital punishment”
these day.
And so great is the stigma of such an execution
that former Congressman and almost Senator Harold
Ford, who was red from his job at Morgan Stanley,
was prepared to sue if the company did not make
clear, as they did, that he was red for all manner of
incompetence, but not for sexual harassment. And thus
he avoided, if not the death penalty, then certainly an
indenite period of virtually solitary connement.
Whew.
Here’s the problem: Diller may be right. He
often was in his Hollywood days, where he ran most
of the studios in town before creating his own empire
with IAC. Not right in the sense that 100% of all
men are vulnerable to following in the footsteps of (ll
in the blank with the last person you couldn’t believe
got summarily thrown down the stairs), but right in
the sense that virtually any company is ripe for the
picking.
Some years ago, eight female scientists, faculty
members with tenure at MIT, began discussing things
like lab space and research support and teaching
responsibilities and what committees they were
on, etc. ough none of them were “feminists,” it
did seem that they had more in common than they
should have, and what they had in common was often
nding themselves getting less and doing more. So,
and this is the public version, instead of screaming
bloody murder right then, as some of us might do,
QE Obtains Order Enjoining Huawei from Enforcing
Injunctions Against Samsung In China
In Huawei Technologies, Co., et al. v.
Samsung Electronics Co., et al., Case No.
3:16-cv-02787 (N.D. Cal. Apr. 13,
2018), Judge William H. Orrick issued an
antisuit injunction barring Huawei from
enforcing two injunction orders issued by a
Chinese court against our client Samsung.
e Intermediate People’s Court of
Shenzhen had found Samsung infringed
two Chinese patents that Huawei declared
potentially essential (“SEPs”) to the 4G
LTE standard, and enjoined Samsung
from manufacturing or selling its 4G LTE
smartphones anywhere in China. Given
that Huawei and Samsung had both asked
the Northern District of California court
to decide whether either party was entitled
to injunctive relief on their 3G and 4G
SEPs in light of their competing breach
of FRAND contract claims, Judge Orrick
concluded that the Shenzhen injunctions,
if enforced, might render meaningless
the proceedings before him, and pose a
serious risk of harm to Samsung’s Chinese
operations.
Background
Samsung and Huawei both own global
portfolios of 4G LTE SEPs and agree they
are contractually bound to license each
other under them on fair, reasonable, and
non-discriminatory (“FRAND”) terms
and conditions. In 2011, the parties
began discussing a cross-license for their
respective patent portfolios, but disagreed
on the scope and potential terms for those
is is a special article written by Susan Estrich, Co-Chair of the Crisis Law & Strategy Practice. Susan is a well-
known litigator, legal and political analyst, author and law professor.
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