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AAPL Stock: 439.66 ( 0 )

http://www.macnn.com/articles/01/10/31/law.firm/

Law firm formally sues Apple

updated 02:45 pm EST, Wed October 31, 2001

 
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After several informal statements and notices, the law firm of Cauley Geller Bowman and Coates, LLP has formally brought a class action law suit against Apple Computer Inc on behalf of investors in publicly traded securities during the period between July 19, 2000-September 28, 2000. The complaint charges Apple with " issuing false and misleading statements concerning its business and financial condition."

The firm's claims are as follows:


"Specifically, the complaint alleges that on 7/18- 19/00, Apple introduced its new Power Mac G4 Dual Processor, G4 Cube and iMac personal computers, representing that they were exceptionally powerful, fast and attractive, coming with exceptionally attractive designs and containing new and revolutionary features. At this time, Apple represented that the development of these new products was completed, they were ready for mass production and would be available in quantity very shortly. Apple claimed this would result in Apple achieving strong revenue and earnings per share (``EPS'') growth in its 4thQ F00 (to end 9/30/00) and F01. As a result, Apple's stock climbed to a Class Period high of $64-1/8 in early 9/00, when four top Apple officers sold 370,000 shares of their Apple stock for $22 million.


"Suddenly, just 20-25 trading days later, on 9/28/00, Apple shocked investors by revealing a huge 4thQ F00 revenue and EPS shortfall due to very poor sales to its education (K-12) market and poor consumer acceptance of its new personal computer products (some of which had been late to market, had defects and lacked features which were essential for market success), resulting in the accumulation of excessive inventories of finished goods in Apple's distribution channel and Apple having to cancel component part orders and, thereby, incur financial penalties. As rumors of Apple's troubles circulated prior to and then following Apple's shocking disclosure, Apple's stock collapsed from $61-3/64 on 9/20/00 to $25-3/8 on 9/29/00, continuing to fall to as low as $17 and then to $13-5/8, as investors absorbed the full impact of these shocking revelations. The stock decline wiped out over $10 billion of
Apple's market capitalization in just a few days.



Cauley Geller Bowman and Coates are offering a sign up page for investors who feel they were affected by this claim.


by MacNN Staff

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Comments

  1. woowooo

    Fresh-Faced Recruit

    Joined: Sep 2001

    0

    File lawsuit against CGBC

    Ridiculous claims...

    First, the Cube was not defective. The material cools that way. Hence the hairline. Do you think they know what the material is made of???

    My point is, The market is gambling. Its a risk. these people lost money. Big deal. There are no gaurantees.

    This is all to common is an economy when someone finds out that a company has cash ($8bil). Tie up the courts to make their own money.

    Are you going to jetison you AAPL ?

  1. Joined:

    0

    And next...

    ...these shysters will no doubt sue General Motors for only selling one-tenth as many Pontiac Azteks as they anticipated, thus incurring penalties for component orders they had to cancel.

  1. pi radians

    Fresh-Faced Recruit

    Joined: Oct 2001

    0

    I'm suing too.

    "during the period between July 19, 2000-September 28, 200."

    Those jerks! I've already patented time travel.

  1. chimp-face

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    AAPL = $160 ? $5?

    What do you expect when you play the market?

    Stocks go up, stocks go down. How do you think all the people who bought NORTEL at $50 feel?


    Crybabies.

  1. throatmonster

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    Insider sales

    Well, did those employees already know about the financial conditions of the company, and purposely cashed in their stock before the 'shocking' (ha) disclosure that decimated the value of the stock?

    That's the point of the suit - that Apple employees took advantage of the situation for personal gain, cashing in stock options before the value tanked. Like it or not, the situation bears some closer examination, and that's exactly what the courts will do.

  1. Joined:

    0

    Nortel guys...

    They don't feel good!

    Colddiver, one of them!

  1. berserkintosh

    Fresh-Faced Recruit

    Joined: Jul 2003

    0

    re:insider

    oh no you mean an employee figured that the company he worked at wasnt going to do hot that quarter and decided to cash out therefore making money on his investment! god forbid this take place. also it is standard practice for companys to hype themselves and thier product no matter how bad they are doing. ive seen it a million times even from companys who know thier going out of business and have a "fire" sale to make money on the way out. it sounds like the peeps suing didnt have a clue nor a pulse on what was going on and maybe they thought they had some "insider" information.

    "before the 'shocking' (ha) disclosure that decimated the value of the stock?" im sorry whats gateways stock at? hows your peecee market doing? who had to merge? who laid off 6000-15000 employees per company? how good is xpee doing? hrmmm....HA!

    berserk

  1. Elektrix

    Dedicated MacNNer

    Joined: Sep 2001

    0

    Possible Irony?

    Maybe it's just me, but isn't issuing press releases all over the place likely to do more harm to the value of their Apple stock, assuming they still own it, then their supposed claims against Apple did? Maybe Apple should countersue them?

  1. throatmonster

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    Re: Insider

    I think Apple's stock value plunge of 50+% the first day and going as far as 70% devaluation in a few days is a classic example of "tanking". But I never claimed that no one else's stock tanked, just that Apples' stock did - immediately after the disclosure.

    Of course you are right, though, that only the idiots and sheep were blind to it.

    Still, the issue is whether Apple employees purposely mislead investors (We're doing great!) while furiously selling off their own stock because they knew better.

    Just to let you know where I stand (of course I was purposely vague in my first post because I wanted to see what reaction I would get), I don't think the case has much merit. Here's why:

    1. that 2$2million in stock sold by Apple employees during that time just isn't far enough out of the 'ordinary' sales volume one would see to make an obvious case that anyone was 'cashing in'.

    2. Companies *do* have a right to hype their products; stupidity in product marketing (cube) and production problems are *bad*, but not necessarily *illegal*. Gawd, if stupidity were illegal, all Windows users would be in jail right now!

    That's all! Trolls and others flame away!

  1. ColdCuts

    Fresh-Faced Recruit

    Joined: Oct 2010

    0

    Not just Apple

    Check out the other firms they are suing (click through the article): Intel, loudcloud, enron... Definately looks like they are trying to capitalize on the dot-com crash.

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