On August 1, 2014, Judge Cote preliminarily approved a $450
million settlement in the Apple e-books litigation. As many
of you will recall, a June 2013 trial resulted in a finding that
the various plaintiffs (including numerous states, the United
States, and a class action) succeeded in proving that Apple had
conspired with five book publishers to raise e-book prices. A
damages trial in the class action and parens patriae
action was set for August 2014; before that occurred, however, the
class action and parens patriae parties informed the court
that they had executed an agreement in principle to resolve damages
issues. Notably, the amount Apple will pay under the
settlement is contingent upon the Second Circuit's ruling in a
pending appeal concerning the District Court's liability
decision: (1) if the Second Circuit affirms the District
Court's liability finding, Apple will pay $400 million to
eligible consumers and $50 million in attorneys' fees; (2) if
the Second
