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Essential to the exercise of personal jurisdiction in each case is “ ‘some act by which the defendant purposely avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.’ ” Burger King Corp., 471 U.S. at 475, 105 S.Ct. Washington, D.C., Sept. 22, 2004-- The Securities and Exchange Commission today announced securities fraud charges against Computer Associates International, Inc. and three of the company's former top executives -- Sanjay Kumar, former CEO and Chairman, Stephen Richards, former Head of Sales, and Steven Woghin, former General Counsel. Simultaneously, mainframe and minicomputer sales slacked off, hurting the market for programs. Charles Wang, second-in-command Sanjay Kumar, and another top executive were given huge bonuses in 1998, for which the company had to take a $675 million charge against earnings to pay. The company was at first funded only by Wang's various credit cards. That statute limits the jurisdiction of New York courts over non-domiciliaries to those that “transact[ ] any business” within New York, or “regularly do[ ] or solicit[ ] business, or engage[ ] in any other persistent course of conduct, or derive[ ] substantial revenue in the state.” Id.
Despite numerous programs for personal computers, Computer Associates suffered from anonymity in the personal computer market, with Supercalc attaining only about a 5 percent share of the spreadsheet market.The firm also continued to attempt to break into applications software, which was earning firms like Microsoft Corporation and Lotus Development Corporation huge sums of money in the personal computer market. Computer Assocs. Plus, free two-day shipping for six months when you sign up for Amazon Prime for Students.
This market presented a particular opportunity for CA because IBM did not make an effort to market products that pointed out defects in its computers; therefore Computer Associates did not have to compete against IBM's larger resources.Bitter feelings toward CA were evidently common among its customers, yet the company had a vast array of extremely useful products, and so the company was hard to avoid. The dispute was not settled until 1996.Computer Associates acquired another maker of database management software in late 1988, buying Applied Data Research, Inc. for $170 million from Ameritech. The Justice Department had put conditions on the company's further takeovers after the huge Legent deal.
In total, Computer Associates prematurely recognized $2.2 billion in revenue in FY2000 and FY2001 and more than $1.1 billion in premature revenue in prior quarters. 95-9301, 119 F.3d 1018, 1025-26 (2d Cir.1997).
On September 22, 2004, the Securities and Exchange Commission filed securities fraud charges against Computer Associates International, Inc. and three of the company's former top executives - Sanjay Kumar, former CEO and Chairman, Stephen Richards, former Head of Sales, and Steven Woghin, former General Counsel. The partial judgment also permanently bars Woghin from serving as an officer or director of a public company. 1139, 1148 (E.D.N.Y.1993).
EDS accused Computer Associates of unfair business practices including monopoly and licensing fraud, breach of contract, and misuse of copyright. 50, 54 (E.D.N.Y.1993) (“Altai III ”). Computer Associates acquired On-Line Software International Inc. for about $120 million and Pansophic Systems Inc. for about $290 million, both mainframe software manufacturers. Altai simply asserts that the actions giving rise to the French action “took place prior to February 15, 1990, the date [the French action] was filed” and that they “took place well before [Computer Associates's] United States claims went to trial on March 28, 1990.” Appellant's Opening Brief at 23, 34.
U.S. v. Computer Associates International, Inc. and Legent Corp. (“FASTER”), and enjoining FASTER from distributing or marketing its products. When CA decided to establish its own business in the United States, Wang saw an opportunity and in 1976 began Computer Associates International as a joint venture with the Swiss company. On remand, the district court held that the trade secret claim was barred under Texas's two-year statute of limitations.