quinn emanuel
quinn emanuel urquhart & sullivan, llp | business litigation report
INSIDE
Waiting for Superman: The
Ninth Circuit Finally Weighs
in on the Selective Waiver
Doctrine
Page 3
Insurance Litigation Update
Page 4
Sports Litigation Update
Page 4
European Litigation Update
Page 5
Japan Litigation Update
Page 6
Twin Patent Victories for
American Express and Other
Victories
Page 8
Steve Madison and Rick
Werder Elected to the
American College of Trial
Lawyers
Page 11
Attorney Advertising
July 2012
los angeles | new york | san francisco | silicon valley | chicago | washington, d.c. | tokyo | london | mannheim | moscow | hamburg
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When in Rome...(U.S. Law Still Applies): Lessons of Wal-Mart, News Corp., and
the Foreign Corrupt Practices Act
e old DC adage, never do anything you wouldn’t
want to see reported on the front page of the New
York Times, must have taken on a very personal
meaning to the senior management and directors
of Wal-Mart and News Corp. Both companies
have become targets of criminal investigations of
possible violations of the Foreign Corrupt Practices
Act (FCPA), 15 U.S.C. § 78dd-1 et seq., only to see
the allegations of misconduct splashed across the
front pages of the Old Gray Lady. e FCPA, which
prohibits U.S. companies and even foreign companies
with substantial ties to the U.S. from bribing foreign
government ocials to win or keep business overseas,
has been around since the late 1970’s but was only
sparingly invoked until about a decade ago, when the
U.S. Department of Justice (DoJ) and the Securities
& Exchange Commission (SEC) dusted o the statute
and began bringing major cases against multinationals
for alleged wrongdoing around the globe. For the DoJ
and the SEC, enforcement of the FCPA has been a
huge success, leading to billions of dollars in nes
against companies and sti jail terms for executives
who orchestrated bribery schemes.
News stories this past April broke allegations that
executives at Wal-Mart de Mexico, the largest foreign
subsidiary of US-based Wal-Mart Stores, Inc., bribed
Mexican ocials to secure construction permits. In
a similar vein, News Corp., already reeling from the
Quinn Emanuel Named to
The National Law Journal’s
“IP Hot List”
e rm has been named to e National Law Journal’s inaugural “IP Hot List,” and is
one of only 20 rms earning this recognition. e IP Hot List recognized those rms that
excelled in providing patent, copyright, and trademark legal services and demonstrated
innovation by applying legal principles to fast-changing technology. e National Law
Journal praised Quinn Emanuel’s recent major victories in the ITC, including wins for
Motorola against Apple’s attempt to block the import of all Motorola smartphones and
tablets into the U.S. and for six of the world’s largest semiconductor makers in an ITC
investigation initiated by Rambus. e National Law Journal praised the rm for the
“thoroughness of its approach” and noted that its attorneys’ “constant trial experience”
distinguishes the rm from others.
Q
Q
Amy Candido Named One of Five Intellectual Property “Rising
Stars” by
Law360
Law360 recently named Quinn Emanuel
partner Amy Candido one of the country’s
top ve intellectual property partners
under 40. “Rising Stars” were selected
from more than 1,000 nominations based
on the strength of their accomplishments
in their respective practice areas. Amy
was recognized for her signicant
accomplishments in several high-stakes
patent jury trials and investigations by
the U.S. International Trade Commission
(ITC). In particular, Law360 cited her
victories for Google in its rst two patent
jury trials, both in the Eastern District of
Texas, in which Amy played major roles
in securing jury verdicts of both non-
infringement and invalidity. Law360 also
cited her successful handling of IBM’s
damages case in the Acqis v. IBM jury trial.
Law360 also recognized Amy for her
representation of Google and HTC Corp.
in several high-prole patent matters
concerning smartphone technology. e
smartphone wars continue, and this
summer Amy will again represent HTC
against Apple before the ITC.
