Recorder: ‘LCD Makers to Pay $539M to Settle Civil Antitrust Suits’

The Recorder last week reported on a case in which Minami Tamaki partner Jack Lee is the court-appointed liaison. See article below.  Bloomberg also reported on the settlement.

The plaintiffs in the case allege that Samsung, Hitachi, Sharp and others “engaged in a worldwide, multiyear conspiracy to fix prices and hinder competition related to TFT-LCD panels, which are in TVs, notebooks and monitors.”

LCD Makers to Pay $539M to Settle Civil Antitrust Suits
By Ginny LaRoe, The Recorder
December 23, 2011

SAN FRANCISCO — On the heels of a plaintiff-friendly ruling in the TFT-LCD antitrust litigation, a group of manufacturer defendants is poised to settle for $539 million.

Co-lead plaintiffs’ counsel Francis Scarpulla of Zelle Hofmann Voelbel & Mason and Joseph M. Alioto of Alioto Law Firm filed a motion for preliminary settlement approval on behalf of indirect purchaser plaintiffs and state attorneys general on Friday. They asked U.S. District Judge Susan Illston to sign off on a deal to resolve price-fixing claims against Samsung, Hitachi, Sharp, Chimei, Chunghwa, Epson and HannStar.

Plaintiffs allege the makers engaged in a worldwide, multiyear conspiracy to fix prices and hinder competition related to TFT-LCD panels, which are in TVs, notebooks and monitors.

The filing comes after Illston earlier this month rejected defendants’ renewed bid to toss the case for lack of antitrust standing on the part of indirect purchaser plaintiffs, saying the plaintiffs alleged injuries and the direct link between defendants’ alleged anti-competitive conduct “place this case squarely within the type of suit the antitrust laws were meant to address.”

Earlier this year a group of defendants settled with direct purchaser plaintiffs for around $388 million.

Plaintiffs asked for a Jan. 20 hearing before Illston, who presides over the consolidated multidistrict litigation and related criminal action.

Minami Tamaki partner Jack Lee is the court-appointed liaison in the action.

Confirmation of Judge Edward Chen a Highlight of 2011

Edward M. Chen’s confirmation to the U.S. District Court for the Northern District of California by the U.S. Senate in May 2011 was one of this year’s highlights, capping off an almost three-year bruising battle fought by numerous community members and legal advocates, including Minami Tamaki Partner Dale Minami.

In Aug. 2009, President Barack Obama nominated Judge Chen, who was serving as a federal magistrate judge for the Northern District of California since April 2001. Sen. Dianne Feinstein of California recommended to the President that Judge Chen be appointed as an Article III judge.

Judge Chen earned a sterling judicial record and gained the support and respect of all sectors of the bar. His nomination came from a bipartisan advisory committee and was strongly supported by multiple bar associations, law enforcement officials and prosecutors. The American Bar Association bestowed its highest ranking, “unanimously well qualified,” upon him and the Bar Association of San Francisco rated him “exceptionally well qualified,” a distinction reserved for only the most exceptional candidates.

Judge Chen was the first Asian Pacific American to be nominated to the Northern District Court judge bench to the court that rendered many infamous civil rights decisions affecting Asian Pacific Americans – including United States v. Korematsu and Yick Wo v. Hopkins. Notably, Judge Chen was also part of the original legal team that overturned the conviction of Fred Korematsu, 40 years after the fact.

Unfortunately, opponents of Judge Chen blocked his appointment mostly because of his work with the ACLU as a Staff Attorney some 10 years earlier. The President had to re-nominate Judge Chen twice because of partisan gridlock. In a Feb. 2010 editorial, “Edward Chen: Portrait of a Patriot,” the San Francisco Chronicle, said that Chen had “become a target of the type of ideological smear campaign that corrodes the level of public discourse as the vacuous vitriol echoes in the blogosphere and on talk radio.”

A powerful community effort quickly mobilized to support Judge Chen. More than 2,500 supporters from around the country endorsed letters of support for him. The National Asian Pacific American Bar Association (NAPABA), Asian American Bar Association of the Greater Bay Area (AABA), Asian American Justice Center, American Constitution Society, and numerous other organizations rallied to press the Senate for Judge Chen’s confirmation. His nomination languished for more than 600 days, until May 10, 2011, when the U.S. Senate confirmed Judge Chen.

Several months later in September, more than 800 friends, family and supporters attended Judge Chen’s induction ceremony in San Francisco. The historic occasion included remarks by Senator Dianne Feinstein, Chief U.S. District Judge James Ware, Judge Charles Breyer and Dale Minami.

In his remarks at the ceremony, Minami, a long time friend of Judge Chen’s described the two Ed Chen’s – the “Dr. Jekyl and Mr. Ed” personalities, one who displayed legal brilliance, the commitment to justice, and enormous compassion and another with a perverse and occasionally clever sense of humor and great loyalty to his family, his friends and his community.

Dale noted the balance Judge Chen achieved during a successful but sometimes difficult life overcoming the early death of his father and older brother and helping his single mom who raised four sons, he was lucky enough to meet and marry Janet Lee Chen and raise two kids, Tara and Luke.

“From our first meeting in a class I taught at Berkeley, to his work with our Korematsu team and now his ascension to the Federal bench, Judge Chen has maintained his friends, his values, his humility, humanity and goofy sense of humor”, said Minami. “He will continue to be a great jurist and we are proud, relieved and joyful at this investiture!”

All photos by Dexter Washington Photography

‘The Two Eds and a David’ Show

Minami Tamaki Partner Dale Minami was asked to participate with San Francisco Mayor Ed Lee, Judge Chen (the “Two Eds”) and Attorney General of Hawaii David Louie at two special events

The first event, sponsored by the Chinatown Historical Society of America in San Francisco, honored Mayor Lee, Judge Chen and Attorney General Louie for their remarkable ascension to public positions in 2011. Having known all three honorees for over 35 years, Minami had the honor of introducing each of them, who coincidentally lived together in the same household while law students at U.C. Berkeley.

On October 1, Minami moderated a panel discussion at U.C. Berkeley’s School of Law that featured, Judge Chen, Mayor Lee, Attorney General Louie, as well as Holly Fujiye, another graduate of Boalt, and former President of the State Bar of California among other notable achievements, and Judge Ralph Ongekko of the Los Angeles Superior Court. Judge Ongekko was as a former roommate of Judge Chen and Mayor Lee.

The panelists shared with the diverse audience stories about their respective journeys to prominence and success. The Civil Rights Movement was a significant influence, as was their experiences at Boalt Hall, which encouraged the pursuit of social justice.

Minami remarked during the panel that he first thought that their individual successes were a coincidence, but noted that demographics and the confluence of the opportunities afforded to Americans and the ambition of immigrant families made their accomplishments inevitable.

National Trial Lawyers Selects Mark Fong as Among Top 100 Trial Lawyers in California

Senior Counsel B. Mark Fong in our Personal Injury Practice was recently selected to be a member of the National Trial Lawyers, which is composed of the top 100 trial lawyers from each state.

Membership in National Trial Lawyers can only be obtained through special invitation and is extended to attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense.

Mark is a trial lawyer with 30 years experience who has obtained multi-million dollar settlements and large verdicts, specializing in the trial of catastrophic personal injury, wrongful death, product liability, premises liability and medical malpractice cases throughout California in State and Federal Court.

One of the top personal injury lawyers in the Bay Area, Mark has also been named a Northern California Super Lawyer in the Personal Injury category and is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.  He is rated “AV” by the Martindale-Hubbell Law Directory, signifying the highest level of legal ability and professional standards of ethics. Mark is also listed in the Bar Register of Preeminent Lawyers for high professional legal standards and ethics.

See Mark’s listing on the National Trial Lawyers site.