Judge Charles R. Norgle denied Quad’s request for an expedited trial in the DOJ’s antitrust lawsuit against the company’s planned merger with rival printer LSC. Instead, Norgle only slightly modified the Department of Justice’s proposed schedule, setting November 14 as the trial’s start date. That could be delayed, however, as he noted that “there are multiple criminal cases involving incarcerated defendants scheduled for jury trial during the fall of 2019; in the events of a scheduling conflict, these criminal trials may take priority over the bench trial in this matter.” Quad had asked the court to schedule the trial in […]
Legal
Quad Asks for Expedited Antitrust Trial to Avoid Breakup Fee
Quad Graphics is concerned that the timing of the Department of Justice’s lawsuit to block their planned merger with LSC Communications will actually kill the deal before it gets to trial. That’s because either Quad or LSC can terminate the merger plan if it does not close by October 31 — and Quad is obligated to pay LSC a $45 million breakup if that happens. They say in a filing from June 26, “Without a prompt hearing, the [Antitrust] Division would block the transaction through delay, rather than allowing the Court an opportunity to evaluate the merits of the Division’s […]
HMH Recalls and Postpones Wolff Book; Lawsuit Shines Harsh Light On Sparks
Houghton Mifflin Harcourt is withdrawing the inventory of Naomi Wolf’s OUTRAGES from accounts and has postponed the planned June 18 release. The book was revealed to have some foundational research errors in a BBC interview a couple of weeks ago. The publisher told the NYT, “As we have been working with Naomi Wolf to make corrections to Outrages, new questions have arisen that require more time to explore. We are postponing publication and requesting that all copies be returned from retail accounts while we work to resolve those questions.” Wolf tells the newspaper the recall is contrary to her wishes: […]
Briefs
After renewed controversy around prosector-turned-mystery novelist Linda Fairstein following the release of a Netflix series about the Central Park Five, When They See Us, her longtime publisher Dutton said Friday the two parties “decided to terminate their relationship.” A “person with knowledge of the situation” tells the NYT that Dutton is buying out her contract. It’s unclear what, if anything, is happening with Fairstein’s 14-title backlist at Dutton, and the publisher declines to explain what their brief statement actually mens. Her first five books were published by Scribner. Former ceo of Hachette UK Tim Hely Hutchinson was awarded a CBE […]
AAP: Nadler Talks Tough On Tech Antitrust, and Judiciary Opens Investigation
Chair of the House Judiciary Committee Representative Jerry Nadler appeared at the Association of American Publishers’ annual meeting on Wednesday to accept their annual distinguished public service award. Nadler’s brief remarks came ahead of the announcement at the end of the day of the committee’s broad “bipartisan investigation into competition in digital markets.” The committee says it will focus on “documenting competition problems in digital markets,” “examining whether dominant firms are engaging in anti-competitive conduct,” and “assessing whether existing antitrust laws, competition policies, and current enforcement levels are adequate to address these issues.” They promise “a top-to-bottom review of the […]
Judge Makes Several Key Rulings in Parneros v. Barnes & Noble
Judge John G. Koeltl decided Monday on several matters concerning former Barnes & Noble ceo Demos Parneros’ lawsuit against the bookseller. First, Judge Koeltl denied Parneros’ motion to dismiss B&N’s second counterclaim, which alleges that Parneros acted as a faithless servant by “sabotaging” a potential sale and therefore is liable for compensation. Parneros had asked for Barnes & Noble to start paying fees used to defend himself against those counterclaims — and here the judge ruled in his favor, awarding him advancement of 50 percent of those fees so far. Koeltl said BN’s argument that the alleged sexual harassment and […]