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A federal judge's contempt ruling against Apple ( AAPL ) has
created a major new legal headache for the iPhone maker, and
also requires it to write a check to its adversary in the case:
"Fortnite" maker Epic Games.
U.S. District Judge Yvonne Gonzalez Rogers on Wednesday
found Apple ( AAPL ) willfully violated an injunction she issued in
Epic's 2020 lawsuit that was meant to open up the company's App
Store to greater competition.
The decision immediately bars Apple ( AAPL ) from restricting App
Store customers' use of third-party payment systems. The judge
held Apple ( AAPL ) in civil contempt and referred the case to federal
prosecutors to probe whether Apple ( AAPL ) was in criminal contempt of
court.
Apple ( AAPL ) said it disputed the ruling and will appeal.
As a sanction, Gonzalez Rogers also said Apple ( AAPL ) must pay
legal fees to Epic's legal team, led by Cravath, Swaine & Moore,
for the many months the lawyers spent fighting Apple ( AAPL ) for
information about its compliance with the earlier injunction.
Epic's team at Cravath was led by partners Gary Bornstein,
Yonatan Even, Lauren Moskowitz and Michael Zaken.
Bornstein declined to discuss the size of the Epic's legal
tab on a call with reporters. The fee sanction could be in the
tens of millions of dollars, based on the number of lawyers
working for Epic, and the all-out battle that was waged over
trying to pry information from Apple ( AAPL ).
Some Cravath litigation partners, including Moskowitz, have
billed this year at $2,360 an hour, according to a Reuters
review of U.S. court filings.
"Epic's obviously not out here for fees," Epic Games chief
executive Tim Sweeney told reporters. "We're fighting for the
freedom of ourselves and all developers to do business directly
with our customers, freedom from Apple ( AAPL ) interference and Apple ( AAPL )
taxation."
Apple ( AAPL ) is represented by a team from Weil Gotshal led by Mark
Perry. Lawyers from Gibson Dunn also represented Apple ( AAPL ), which
has denied violating the court's injunction.
The court's order faulted Apple's ( AAPL ) lawyers, without naming
them, for not correcting what the judge called "obvious lies" in
testimony by an Apple ( AAPL ) executive.
Two of Apple's ( AAPL ) chief lawyers in the Epic case did not
immediately respond to requests for comment.
Gonzalez Rogers' order also addressed a separate bid from
Apple ( AAPL ) to recoup more than $73 million in legal fees from Epic
for violating the App Store's developer agreement.
The court's ruling suggested Apple ( AAPL ) will not recover that
much but is due some fees from Epic. Epic's legal team predicted
any award would concern only a "small amount."
-- A founder of law firm Kramer Levin's Paris office has
sued the firm in New York state court, accusing it of failing to
make certain payments in breach of their partnership agreement.
Antoine Paszkiewicz, who had worked at Kramer Levin since
1999, alleged he is owed compensation following the firm's move
in late 2024 to end its agreements with Paris partners as part
of a plan to merge with law firm Herbert Smith Freehills.
Some of Kramer Levin's Paris team jumped to rival law firm
Morgan Lewis. Paszkiewicz said he was excluded from those
negotiations because he was over the firm's mandatory retirement
age of 65. Kramer Levin, he alleged, then failed to pay him the
full compensation he was due under their partnership terms.
Kramer Levin in a statement said it appreciated "the
contributions of our former partners in Paris. The orderly
winddown of the Paris office has fully complied with our
partnership agreement."
A lawyer for Paszkiewicz did not immediately respond to
requests for comment.
--Law firms including Constantine Cannon and Shinder Cantor
Lerner said they will ask a U.S. judge to award them up to $76
million in fees as part of a $228 million antitrust class action
settlement involving California's Sutter Health.
Employers and individuals who sued Sutter in 2012 filed the
proposed settlement in the San Francisco, California federal
court, seeking a judge's approval. Sutter, represented by Jones
Day, denied any wrongdoing in agreeing to settle.
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