Apple wins dismissal of options backdating lawsuit brought by shareholders

“Apple Inc. won dismissal of a shareholder lawsuit claiming company officers including Chief Executive Officer Steve Jobs were overpaid with illegally backdated option awards,” Joel Rosenblatt reports for Bloomberg.

“U.S. District Judge Jeremy Fogel in San Jose, California, dismissed the case in an order [yesterday]. Apple, maker of the iPod and iPhone music-and-video players, said last year that 6,428 stock-option grants issued between 1997 and 2002 were backdated,” Rosenblatt reports.

The New York City Employees’ Retirement System, the lead plaintiff in the case, acknowledged that Apple’s stock price didn’t fall as a result of the backdating, which is the most common basis for shareholder claims [but] argued the awards caused Apple to dilute its stock by issuing more than 200 million shares that weren’t properly accounted for or disclosed,” Rosenblatt reports. “‘While the subsequent disclosure that the options were backdated might require a restatement, without a discernable drop in the stock price there is no basis upon which to establish an injury to shareholders,’ Fogel wrote in his opinion.”

Rosenblatt reports, “Apple, based in Cupertino, California, found no misconduct by Jobs, who recommended favorable dates on some option grants other than his own. The company recorded $84 million in charges to correct its accounting.”

Full article here.

[Thanks to MacDailyNews Reader “Linux Guy And Mac Prodigal Son” for the heads up.]

25 Comments

  1. I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.
    I have an expandable text box feature and I’m running Tiger.

    Nope, no echo in here.

  2. hahahaha!
    sanity!

    Read the details. The judge dismissed the suit because they had no evidence of having been INJURED.

    You don’t win just because someone did something bad. It had to actually cause you damage. And damage means monetary damage.

    Good luck proving that SJ and Apple management has monetarily damaged its shareholders. Seriously, good luck with that. One of the great stock price gains in history and you’re trying to prove that you were harmed as owners of that stock.

    We need to start having annual awards for the most ridiculous lawsuits against Apple. This would be up there with “the iphone is a monopoly because its so uniquely great.”

    What’s sad is that this obvious result requires thousands of legal hours to grind through the due process.

    And for those of you angry because SJ hasn’t apparently been punished for “doing something wrong”…. hey this is the law. A tort means you’ve been damanged. A criminal violation means you actually broke the law. The backdating wasn’t illegal, just improperly accounted for. A shareholder tort, if they’d been damaged…. but seriously.

  3. @Shado Control
    Are you using Safari 3 – If so, have a peep at the text box, where you would type in your comments, at the bottom right corner of the text box is a grab handle – this allows you to resize the text box – just click on it, hold and drag.
    Unfortunately, on my Aussie version of the page there is always a bleed’n ad box for “Keeping the oceans clean” and this ends up inside the text box, so I am forced to resize vertically only.

    HELLO MDN !!!

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