In Silicon Valley’s white-hot competition for tech talent, programmers can face a daily barrage of calls from recruiters seeking to woo them to rival companies with offers of better pay and perks.
But workers for some of the biggest names in the business claim their phones fell silent because of a conspiracy among their employers. And they claim the world’s biggest tech icon was at the center.
A lawsuit filed in federal court in San Jose claims senior executives at Google Inc., Intel Corp., Adobe Systems Inc., Intuit Inc., Lucasfilm Ltd., Pixar and Apple Inc. violated antitrust laws by entering into secret anti-poaching agreements not to hire each other’s best workers. In doing so, the suit contends the companies were able to keep wages artificially low by preventing bidding wars for the best employees.
The plaintiffs also claim that company e-mails show Steve Jobs himself sought and orchestrated at least some of the so-called “gentlemen’s agreements” while Apple’s CEO.
“I believe we have a policy of no recruiting from Apple,” then-Google chief executive Eric Schmidt wrote in a 2007 email cited by the plaintiffs. The email was originally furnished to the U.S. Justice Department, which investigated similar allegations in 2010. The same email included a forwarded message from Jobs complaining that Google’s recruiting department was trying to lure away an Apple engineer.
“Can you get this stopped and let me know why this is happening?” Schmidt wrote. Google’s director of staffing replied that the recruiter “will be terminated within the hour.”
The companies’ attorneys said the facts even as presented by the plaintiffs show no evidence of a conspiracy.
Rather, they said in court filings that some companies had separate one-to-one pacts among themselves as they worked together on various business ventures.
“The obvious explanation for the existence of these agreements were the collaborations,” said Apple defense attorney George Riley, as the two sides squared off Thursday in U.S. District Court in San Jose. Riley told Judge Lucy Koh that such arrangements were common.
The case hinges on a practice described in court documents as “cold-calling.” Under the practice, recruiters from one company will call an employee at another company who has the skills the company needs. The practice can lead to bidding wars as workers play the companies off one another to get the highest pay.
Cold-calling, the suit contends, helps workers get a sense of what they’re worth in a free market for employment in which all the companies are competing against one another for top employees. When the cold-calling stops, workers lose the knowledge and the leverage they could otherwise use to demand higher pay.
The Justice Department’s 2010 investigation included all the same companies except Lucasfilm, and the plaintiffs in some ways mimic the language from the department’s original case. The companies settled without admitting any wrongdoing but agreed not to enter into future agreements preventing them from cold-calling each other’s employees to recruit them.
Because the Justice Department’s case was settled quietly without any public dispute, court records contain little detail about any specific alleged agreements among companies.
Some of those details did come to light, however, in a recent filing by the plaintiffs, which quotes emails they obtained from the companies that had previously been given to the Justice Department business cards.
In a 2005 email describing a purported agreement between former Adobe CEO Bruce Chizen and his then-counterpart at Apple, an Adobe human resources executive wrote: “Bruce and Steve Jobs have an agreement that we are not to solicit ANY Apple employees, and vice versa,” according to court documents.
Ex-Palm Inc. CEO Ed Colligan wrote to Jobs in 2007: “Your proposal that we agree that neither company will hire the other’s employees, regardless of the individual’s desires, is not only wrong, it is likely illegal,” the plaintiffs’ filing said.
In internal company communications, Intel CEO and Google board member Paul Otellini described a gentleman’s agreement between the two companies: “Let me clarify. We have nothing signed. We have a handshake `no recruit’” between himself and then-Google CEO Schmidt. “I would not like this broadly known.”
Defense attorneys contend the emails are being distorted by the plaintiffs and show nothing beyond legitimate one-to-one agreements. Apple declined to comment.
“Intel disagrees with the allegations contained in the private litigation related to recruiting practices and plans to conduct a vigorous defense,” said Sumner Lemon, an Intel spokesman.
Adobe said the company does not comment on pending litigation.
The other companies named in the suit did not immediately respond to requests seeking comment.
Whichever side prevails, the case underscores the high wages talented tech workers can command in Silicon Valley, where the tech industry added thousands of jobs last year. According to federal labor statistics, mid-level tech workers in the region such as computer security specialists, web developers and network architects earn more money than anywhere else in the country, with average annual salaries topping $110,000.
Many of those workers could get thousands more if the case goes their way, lead plaintiff’s attorney Joseph Saveri said. Given the potentially tens of thousands of workers affected if the plaintiffs succeed in turning the suit into a class-action case, Saveri said the combined damages for the companies could reach into the hundreds of millions of dollars if decided at trial.
Such penalties would sink many companies. But Apple recently reported cash reserves of more than $97 billion. Google also has billions in cash on hand.
One anti-trust attorney not involved in the case doubts the companies have much to worry about anyway.
Antitrust cases that revolve around hiring practices are difficult to win, said David Balto, a Washington, D.C.-based antitrust lawyer who investigated Microsoft as a staff attorney for the Federal Trade Commission in the 1990s. Among the legal challenges they face is defining who exactly makes up the class of workers harmed by the alleged violations, since people with different jobs have different employment options, he said.
“I don’t think anybody at these companies is losing a nanosecond of sleep because of this lawsuit,” Balto said.
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After a customer backlash, Verizon Wireless on Friday dropped a plan to start charging $2 for every payment subscribers make over the phone or online with their credit or debit cards.
In a statement on its website Friday, the company said “customer feedback” prompted the decision to drop the “convenience fee” it wanted to introduce on Jan. 15.
Verizon wanted to steer people to electronic check payments, which are cheaper, and automatic credit card payments, which are more reliable.
A petition on Change.org against the fees had gathered more than 95,000 names by Friday afternoon, a day after Verizon, the country’s largest cellphone company, announced the fees. The petition was set up by Molly Katchpole, who earlier this year started a successful campaign to make Bank of America drop a $5-per-month fee for debit card use electronic check payday advance.
Payment processors for power companies usually charge “convenience fees” of up to $5 for every payment made by phone or online, but cellphone companies haven’t taken the step yet. The furor against Verizon hints that they may have to wait further.
Verizon Wireless serves 91 million phones and other devices on accounts that pay the company directly, and more who pay indirectly through other companies. It’s a joint venture of Verizon Communications Inc. of New York and Vodafone Group PLC of Britain.
LONDON/PARIS (Reuters) - A European summit deal to strengthen budget discipline in the euro zone failed to restore financial market confidence on Monday, forcing the European Central Bank to step in again gingerly.
The euro fell, stocks slid and borrowing costs for Italy and Spain rose as investors weighed the outcome of last week’s summit that split the European Union, with Britain blocking treaty change and forcing euro zone countries to negotiate a fiscal accord outside the Union.
Friday’s initial market rally petered out in less than 24 trading hours due to legal uncertainty surrounding the new pact and the absence of an unlimited financial backstop for the single currency.
French President Nicolas Sarkozy said the legal basis of a new accord to enforce debt and deficit rules in the 17-nation euro area with quasi-automatic sanctions and intrusive powers to reject national budgets would be worked out before Christmas.
“In the next fortnight, we will put together the legal content of our agreement. The aim is to have a treaty by March,” Sarkozy told newspaper Le Monde in an interview.
“You have to understand this is the birth of a different Europe — the Europe of the euro zone, in which the watchwords will be the convergence of economies, budget rules and fiscal policy. A Europe where we are going to work together on reforms enabling all our countries to be more competitive without renouncing our social model,” he said.
Traders said the ECB intervened to buy short-term Italian debt after yields on Italian and Spanish debt spiked. But ECB sources told Reuters last week that purchases would remain limited with a maximum ceiling of 20 billion euros a week.
There is no prospect of a “big bazooka” to shock the markets.
Despite the central bank dabbling, Italian 5-year bond yields shot up above 7 percent, widely seen as a danger level while 10-year yields spiked above 6.8 percent and Spanish 10-year yields topped 6 percent.
Investors’ appetite for short-term paper drove Italian one-year borrowing costs down just below 6 percent at an auction but yields remain uncomfortably high.
“Let’s not raise expectations too high, there will be more summits,” credit ratings agency Standard & Poor’s chief European economist Jean-Michel Six said.
“Time is running out and action is needed on both sides of the equation, on the fiscal and monetary side,” he told a business conference in Tel Aviv.
S&P has put 14 euro zone governments on watch for a possible rating downgrade in the coming weeks, arguing that the deepening debt crisis and looming recession will increase their potential liabilities and reduce their ability to cope with them.
If some of the euro zone’s ‘AAA’-rated members are downgraded, it would call into question the solidity of the euro zone’s rescue fund, which would likely suffer a similar fate fast cash loans.
“There is probably yet another shock required before everyone in Europe reads from the same page, for instance a major German bank experiencing difficulties in the market,” Six said. “Then there would be a recognition that everyone is on the same boat and even German institutions can be affected by this contagion.”
Interbank lending rates in the euro zone fell to their lowest level since May after the ECB threw cash-starved banks a lifeline last week by offering unlimited three-year liquidity to counter a credit crunch.
Political aftershocks from Friday’s historic rift between Britain and the rest of the 27-nation bloc continued to shake Europe on Monday with Prime Minister David Cameron facing tension in his coalition and doubts in the business community.
Cameron was assured of a hero’s welcome from Eurosceptics in his Conservative party in parliament but faced a backlash from his Liberal Democrat coalition allies when he explains a veto that has cast Britain adrift from its continental partners.
LibDem Deputy Prime Minister Nick Clegg said on Sunday he was “bitterly disappointed” with an outcome that would diminish Britain’s global influence and was bad for jobs and business.
In business, the chief executive of the world’s largest advertising group, Martin Sorrell of London-based WPP, told Reuters that Britain’s interests would be better serviced “inside the EU tent” than on the sidelines.
In Brussels, officials were groping for a strong legal basis for the planned fiscal compact, with Britain arguing that the euro zone cannot use the EU treaty institutions — the European Commission and the European Court of Justice.
European Economic and Monetary Affairs Commissioner Olli Rehn told Reuters most of the practical measures to strengthen budget enforcement could be implemented immediately under a set of rules known as the “six-pack” agreed in October.
Euro zone finance ministers may hold an extra meeting before the end of the year to try to nail down details of the agreement before their winter break, diplomats said.
The euro area faces the next potential crunch point in mid-January when Italy, which has a debt mountain of 1.9 billion euros or 120 percent of its annual output, has to start issuing tends of billions of euros in bonds towards a 2012 total of 340 billion euros needed to roll over maturing debt.
Michael Leister, rate strategist with German bank WestLB in Duesseldorf, said the summit outcome had done little to restore confidence in the absence of stronger central bank action.
“The question is will this help to stabilise sentiment? I don’t believe so, given that those comments from
Summoned by Congress, Jon Corzine embraced a bold strategy Thursday to distance himself from MF Global’s fall and $1.2 billion in missing clients’ money:
Answer each question. Be courteous. And don’t huddle with your lawyer before replying.
He said very little. Nevertheless, it was a risky strategy, even for a risk-taking financial executive. Anything Corzine might say could be used against him in a courtroom, should he ever be charged in the MF Global case.
Yet the former CEO of the securities firm never declined to answer questions by invoking his Fifth Amendment right against self-incrimination.
The one-time senator and New Jersey governor was subpoenaed by his former colleagues to explain how MF Global collapsed just over a month ago in the eighth-largest bankruptcy in U.S. history. It’s the first time in more than 100 years that Congress has subpoenaed a former senator to testify, according to Senate historian Don Ritchie.
Looking strained and speaking hoarsely during nearly three hours of testimony, Corzine said he never intended to break rules that require firms to safeguard client funds. He said he doesn’t know what happened to the missing money, but added that customers’ losses weigh on his mind “every day, every hour.”
He said several times that he did not become aware of the shortfall in client accounts until Oct. 30, one day before MF Global filed for bankruptcy following its disastrous bets on European debt.
“I’m not in a position, given the number of transactions, to know anything specific about the movement of any specific funds,” said Corzine, who took over as CEO more than a year and a half ago.
In his testimony to the House Agriculture Committee, Corzine sought to deflect blame for the company’s collapse, arguing that he inherited a firm already doomed by his predecessors’ bad financial decisions.
Legal experts said they were surprised by Corzine’s decision to answer each question, however vaguely, given the legal risks. The FBI and federal regulators are investigating MF Global.
It’s hard to see how the testimony will benefit Corzine, said Robert Mintz, a defense attorney in Newark, N.J., who specializes in white-collar cases.
Mintz said Corzine’s answers leave him open to “a barrage of questions about facts and circumstances that will no doubt be the subject of review by prosecutors and regulators.”
Two other congressional panels have also voted to subpoena Corzine.
His testimony provided his first public comments since the firm’s spectacular collapse. A lawyer who handles white-collar criminal cases accompanied Corzine and sat behind him during the hearing. But Corzine never turned to seek his advice.
The hearing wasn’t particularly confrontational, though a few members expressed disbelief that Corzine could be so detached as CEO.
Rep. David Scott, D-Ga., told him it strained belief “for you to sit there and say instant payday loans… you know nothing about” the missing customer money. A lot of farmers in Georgia need to know, Scott said. “The key to this is you. You’re the CEO.”
Corzine said he was confident that others at MF Global were checking daily to ensure that the firm’s money and clients’ fund were being kept separate.
“I simply do not know where the money is, or why the accounts have not been reconciled to date,” he said.
He said MF Global toppled, in part, because of a large quarterly loss caused by his predecessors’ accounting moves. Rating agencies responded to the loss by downgrading the firm’s credit rating, which panicked investors and trading partners.
“The marketplace lost confidence in our firm,” he said.
He disputed media reports that he personally pushed the company to make big, doomed bets on risky European debt using too much borrowed money.
He said he made the high-stakes bets only after discussions with company executives who traded European debt long before he arrived. And he said he reduced MF Global’s investment risks in some ways.
Some outside experts challenged some of his assertions.
Janet Tavakoli, an expert on the transactions MF Global specialized in, said Corzine’s remarks seemed to divert attention from the firm’s fundamental flaw under his leadership: It lacked the cash to cover its bets after investors started to fear that a major European nation would default.
“His entire testimony looks like a very skilled way to try to detract from that key issue,” said Tavakoli, president of Tavakoli Structured Finance.
Lawmakers have heard from farmers, ranchers and small-business owners who are missing money deposited with the firm. Agricultural businesses use brokerage firms to help reduce their risks in an industry vulnerable to swings in oil, corn and other commodity prices.
A Democrat, Corzine represented New Jersey in the Senate from 2001 through 2005. He later served a single four-year term as governor, losing a re-election bid in 2009. Before entering politics, he was CEO of Goldman Sachs.
Several class-action lawsuits on behalf of shareholders have been filed against Corzine and three other top executives, accusing the firm and its leaders of making false statements about MF Global’s stability.
Stephen Gillers, a professor at New York University School of Law, said lawyers typically advise clients in Corzine’s situation not to answer questions.
“When you answer a full day’s worth of questions, you’re committing yourself to a story that could come back to haunt you,” Gillers said.
Mintz added: “It only makes sense if your answers can satisfy those posing the questions. Short of that, the risks far outweigh the benefits.”
Stocks are rising at the open on hopes for a plan to restore long-term confidence in the euro.
French and German leaders are meeting to discuss closer political and economic cooperation between the 17 nations that use the currency. They want tighter control of budgets, to prevent the kinds of debts that might to cause Greece and others to default.
Stocks overseas rose modestly Monday, while the yields on Italian bonds dove, suggesting traders believe that Italy is less likely to default. Italy’s government agreed this weekend on a package of austerity and economic growth measures.
The Dow is up 135 points, or 1.1 percent at 12,154. The S&P 500 is up 16, or 1.3 percent at 1,261. The Nasdaq composite index is up 32, or 1.2 percent at 2,659.
On the eve of “Cyber Monday,” online retailers reported an even stronger start to the holiday shopping season than brick-and-mortar stores.
Research firm comScore reported on Sunday that e-commerce spending jumped 26 percent on Black Friday, the day after Thanksgiving, compared with the same day a year ago. ComScore reported $816 million in online sales for the day, up from $648 million.
The 26 percent growth rate for online sales compares with a 7 percent retail sales increase reported for Black Friday by ShopperTrak, which gathers data from individual stores and shopping malls. At $11.4 billion, the brick-and-mortar sales total still dwarfs the online total.
Gian Fulgoni, comScore chairman, said in a statement that e-commerce enjoyed a banner day, despite some analysts’ predictions that early store openings on Black Friday could hurt online sales.
“With brick-and-mortar retail also reporting strong gains on Black Friday, it’s clear that the heavy promotional activity had a positive impact on both channels,” Fulgoni said.
Thanksgiving is also a big day for online sales, and comScore reported an 18 percent increase this year compared with a year ago, with $479 million in sales.
Online sales also have been strong throughout November pay day loans. Online sales through Saturday rose 15 percent compared with the same period a year ago, according to comScore, which is based on Reston, Va. Through the first 25 days of the month, online sales have totaled $12.74 billion.
ComScore said 50 million Americans visited online retail sites on Black Friday, up 35 percent from a year ago. Each of the top five retail sites reported double-digit gains in visitors, in percentage terms, led by top retail site Amazon. Walmart ranked second, followed by Best Buy, Target and Apple.
Next up is Cyber Monday, when many online retailers run promotions for the first business day of the week following Thanksgiving. Cyber Monday sales topped $1 billion last year, making it the heaviest day of online spending ever. ComScore’s Fulgoni expects another record will be set this year.
ComScore reported online sales for Black Friday two days after another researcher, IBM Corp.’s Coremetrics unit, reported a smaller online spending gain for Black Friday. Coremetrics reported a 20 percent increase, compared with comScore’s 26 percent.
Democrats on Congress’ supercommittee secretly presented Republicans with a revised deficit-cutting proposal earlier this week that calls for a blend of $1 trillion in spending cuts and $1 trillion in higher tax revenue over the next decade, officials in both parties said Wednesday night, adding that compromise talks remain alive though troubled.
The previously undisclosed offer scaled back an earlier Democratic demand for $1.3 trillion in higher taxes, a concession to Republicans. At the same time it jettisoned a plan to slow the growth in future cost-of-living increases in Social Security benefits, a provision liberal Democrats oppose.
The one-page proposal was handed to Republicans at a meeting Monday night attended by some but not all members of the supercommittee. At the same session, GOP lawmakers in attendance advanced a revised proposal of their own that signaled for the first time they would be willing to accept higher revenues as part of a plan to cut deficits over the next decade.
Given the unusual secrecy of the meeting and the committee’s Nov. 23 deadline, it appeared that the pace of activity on the panel was accelerating. Less clear was whether there was still time to bridge enormous differences on priorities, or whether each side was laying the groundwork for trying to blame the other in case gridlock triumphs.
The committee, comprising six Republicans and six Democrats, has been working for weeks. Evidence of progress has been scarce, with Republicans demanding large cuts in benefit programs such as Social Security and Medicare, while Democrats pressed for additional tax revenue as a condition for agreeing to make deep spending cuts.
Few details are known of the session Monday night, except that Sen. Pat Toomey, R-Pa., outlined a plan on behalf of the four Republicans in attendance, and Sen. Max Baucus, D-Mont., countered with the revisions in an earlier Democratic proposal.
One official said the meeting lasted several hours.
Any progress that may have been made by the panel has largely been overshadowed in the past two days by a Democratic campaign to dismiss the GOP proposal as a prescription for deep tax cuts for the wealthy at the expense of the middle class.
In a sign of the political struggle unfolding, Democrats circulated a four-page analysis that relied not on a review of what Toomey outlined, but on what they described as a different, similarly drawn proposal.
Republicans countered that for all the rhetoric, both sides had shown flexibility on the issues that long have been at the root of Congress’ inability to compromise on sweeping plans to cut deficits.
“Republicans have put revenues on the table. Democrats have put entitlements on the table,” said Sen. Lamar Alexander, R-Tenn. “They both need to put more of each on the table.”
Alexander said the so-called supercommittee could expect help from a bloc of 45 senators that have signed on to a letter pledging support for a deficit bargain that mixes new revenues with curbs on the growth of government benefits programs payday loan lenders.
Democrats sounded far less upbeat.
“I have yet to see a real, credible plan that raises revenue in a significant way to bring us to a fair, balanced proposal,” said Sen. Patty Murray, D-Wash., the co-chair of the 12-member supercommittee.
In something of a dissent, the No. 2 Senate Democratic leader, Richard Durbin of Illinois, said he considered this week’s GOP offer “an honest effort” and “a breakthrough that can lead to an agreement. That’s what we need.”
Asked why he considered it to be a breakthrough, he told reporters, “The word `revenue.’ It is a breakthrough.”
Durbin said the bipartisan group of 45 senators planned to release a statement later Wednesday urging the supercommittee to keep working toward a target in the $4 trillion range, well above its mandated savings target of $1.2 trillion to $1.5 trillion.
The revised Democratic plan totaled $2.3 trillion in savings over the next decade, including projected savings in interest costs the government would realize from lower deficits.
Spending on Medicare would be restrained by $350 billion over a decade, and on Medicaid, by $50 billion.
Another $200 billion would come from defense, and an identical amount from a broad swath of government programs ranging from the parks to transportation.
Democrats also called for an overhaul of the tax code that would result in an individual rate of no higher than 35 percent and a scaling back of itemized deductions.
Republicans, too, favor tax reform. In his presentation, Toomey called for a top rate of 28 percent, which appears to require deeper cutbacks in the existing deductions than Democrats favor in order to yield $250 billion in higher revenue.
Aides in both parties requested anonymity to describe the GOP proposal, and they differed on some of the details.
Broadly speaking, however, the GOP plan would raise new revenues of at least $500 billion, both skimmed off the top as Congress completes an overhaul of the tax code and from proposals such as auctioning broadcast spectrum, raising Medicare premiums and increasing aviation security fees.
The plan also would cut spending by about $700 billion, mixing a less generous cost-of-living adjustment for Social Security beneficiaries with further cuts to agency operating budgets and curbs on the booming growth of Medicare and the Medicaid health care program for the poor and disabled.
Lower interest payments on the national debt would provide the remaining savings.
French luxury powerhouse LVMH Moet Hennessy Louis Vuitton said Tuesday that its revenue grew strongly in the third quarter after a the purchase of jewelry giant Bulgari and a rebound in Japan.
The company behind Dom Perignon champagne and Marc Jacobs said sales rose to euro6.01 billion ($8.28 billion), up 19 percent from the previous quarter.
The biggest jump was in the jewelry and watches division, which doubled its sales from last quarter to euro636 million.
The overall sales were up 17 percent from the same quarter a year earlier payday loans.
The quarter also benefited from strong sales in Hong Kong and Macau and a return to luxury consumption in Japan after its devastating earthquake and tsunami.
LVMH said it was confident that sales would remain strong for the rest of the year.
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