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Litigation

• Amazon.com, Inc. in several matters, including in securing the complete dismissal, with prejudice, of a class action alleging that Amazon’s Buy Box algorithm is biased, causing consumers to overpay for products by favoring higher-priced offers from Amazon Retail and third-party sellers using Amazon’s fulfillment service, in violation of the Washington Consumer Protection Act.
• IBM in a multibillion dollar lawsuit against its semiconductor chip supplier, GlobalFoundries, asserting claims for fraud and breach of technology, development, manufacturing and supply agreements related to a long-term alliance IBM entered into with GlobalFoundries through which the parties committed to co-develop cutting-edge technology for complex semiconductor chips.
• Oracle as trial counsel in its long-running dispute with software services provider Rimini Street over whether Rimini’s third-party software support violates Oracle’s copyrights. In Rimini II, Paul, Weiss won a major bench trial victory when the court issued a broad injunction order that ordered Rimini to shut down its automated tools—a significant part of its software support business—and prominently post a 15-point press release disclosing its untruths. In Rimini I, our lawyers won a significant trial verdict, sustained on appeal, ultimately receiving $90 million in damages, costs and attorneys’ fees for copyright infringement. We also subsequently won a permanent injunction barring Rimini’s infringement, and then won a contempt hearing finding Rimini in violation of that injunction.
• Qualcomm and NUVIA in securing a jury verdict in a lawsuit brought by Arm alleging claims of trademark infringement and violations of NUVIA’s license agreements with Arm.
• Ripple, its co-founder Chris Larsen and CEO Brad Garlinghouse in winning a significant victory in the SEC’s lawsuit alleging that the defendants had altogether conducted over $2.6 billion in unregistered securities transactions through sales of digital asset XRP, and further alleging that the two executives aided and abetted Ripple’s sales in violation of U.S. securities laws. Following a significant summary judgment victory in which the court held that the sale of XRP on public exchanges did not constitute the sale of unregistered securities, the SEC filed for a rare voluntary dismissal of the remaining aiding and abetting claims against the individual defendants, resulting in a complete victory for the individual defendants.
• SAP in a longstanding dispute brought by business analytics provider Teradata, seeking more than $1 billion in damages in an action involving high-stakes antitrust and trade secret claims concerning SAP’s flagship product HANA. The dispute also includes counterclaims by SAP alleging Teradata’s infringement of several SAP patents, as well as follow-on patent litigation.
• Snap, Inc., and several of its directors and executives in the defense of a securities class action and related shareholder derivative actions brought by investors alleging false and misleading statements about Snap’s preparation for the rollout by Apple of new privacy changes and their impact on prospective advertising revenue.
• Uber Technologies in several significant litigations, including in:
  • securing the dismissal by the District of Massachusetts and affirmance on appeal by the First Circuit of a $750 million unfair competition lawsuit brought by the largest taxi conglomerate in Boston. The district court previously held that Uber did not compete unfairly in the Boston market when it operated without a license in violation of longstanding taxi rules, and the First Circuit held that Uber was not liable for violating the Massachusetts unfair competition statute or the common law for unfair competition; and
  • an affirmative lawsuit seeking to strike down an unlawful rule change by the New York Taxi & Limousine Commission (TLC) that would have changed the way driver pay was adjusted. Paul, Weiss secured a significant victory when the New York County Supreme Court granted Uber’s motion seeking a temporary restraining order for the rule change, and subsequently won an Article 78 challenge of the proposed rule following oral arguments, demonstrating that the TLC had dramatically departed from its prior practice without sufficient explanation or economic analysis.

Transactional

• Aptiv in the separation of its Electrical Distribution Systems business to create two separate publicly traded companies; $4.3 billion acquisition of Wind River from TPG Capital; and $4 billion autonomous driving joint venture with Hyundai Motor Group.
• Condé Nast, a division of Advance Publications, on a new multi-year partnership with OpenAI.
• General Atlantic in the $7.2 billion take-private transaction of its portfolio company Squarespace by Permira.
• IBM in its $6.4 billion acquisition of HashiCorp; $4.6 billion acquisition of Apptio; in its sale of The Weather Company to Francisco Partners; in its strategic partnership with Palo Alto Networks; and $34 billion acquisition of Red Hat.
• Nuance Communications in its $19.7 billion sale to Microsoft.
• Qualcomm in its $4.5 billion topping bid for Veoneer.
• ZT Systems in its $4.9 billion stock and cash sale to Advanced Micro Devices.