Apple shareholders to refile claims in rejected stock options backdating suit

“Attorneys in a shareholder lawsuit against Apple Inc. over its backdating of stock options said Tuesday they plan to refile some of the claims,” The Associated Press reports.

“Judge Jeremy Fogel of the U.S. District Court for the Northern District of California ruled Monday that claims alleging fraud in some proxy statements were filed after the federal statute of limitations had expired,” AP reports. “But he gave the plaintiffs an option to amend their complaint to change their arguments.”

“Fogel ruled that the lawsuit raised some valid arguments but said its claims against Jobs and other officers did not contain enough detail,” AP reports. “Lead plaintiffs’ attorney Mark Molumphy said Tuesday he intends to refile the case focusing on issues the judge identified. ‘The discovery we have so far has made the case stronger,’ he said but declined to explain.”

Full article here.

23 Comments

  1. I’m not a lawyer, but wouldn’t the plaintiffs have to show that they were financially damaged to prevail in court? Could that even be argued (with a straight face I mean) given the tremendous run-up in the stock price in the last 18 months or so?

  2. The title of this story needs to be changed……. as they state in the 1st line…. “Attorneys in a shareholder lawsuit”….

    What it should read is “Money hungry, grubby lawyers are mis-representing shareholders”

    Chances are that a few lawyers get to split LOTS of money and LOTS of shareholders will split a minority of the settlement…..

    This crap should be illegal….. they need to set limits on how much an individual lawyer can make based on how much each person in a class action will get.

  3. I hate when MDN gets the story wrong like this. The real story….
    Microsoft issues new 7 figure check to Molumphy’s law firm for “Misc. consulting”. The memo on the check reads “Don’t fsck it up this time!”.

    Just my $0.02

  4. “Makes you wonder if the clowns considered that the cost of Apple defending the case might exceed the losses resulting from any backdating of stock options…”

    The lawyer for the plaintiffs is making big money. He’s not a clown.

  5. I still don’t get it why are these moronic shareholders trying to devalue their own stock in order to transfer the company’s assets to their stinking lawyers. Yes the rest of the shareholders should file a class action suit against them!

  6. If Jobs did an unethical deed, he should be responsible for it. However, SEC cleared Apple and Jobs in the backdating scandal. Now, a group of shareholders wants him gone and claims damages. The strange thing is the stock price keeps on increasing and the shareholders can get bigger and bigger profit. What damages are we talking about? Now consider if Jobs is gone. The stock price will tank — guaranteed — and the shareholders will be in real pains. Is this really what they want? If it is, they are truly moronic.

  7. The Securities and Exchange Commission moves very slowly but they rarely miss a trick (believe me I know). I’ve been telling everyone here at the office for over a year that the head iTard was jail-bound, but they thought he was gonna skate on this back-dating scandal thing. I predict that after testifying Jobs will be arrested and charged with perjury, extortion, collusion, conspiracy and contempt of court.It will happen something like this:

    Jobs will be in the middle of one of his stupid presentations when State Troopers will grab him on stage, he will shriek, “Get your #%*^%$ hands off of me! I’m Steve Jobs! I invented the iPod, haven’t you heard of it?” Kicking and flailing he will attempt to bite one of the officers, then scream, “Don’t taze me bro!!!”, but they will, multiple times. I can see his limp body being dragged down the center aisle past all of the iTards.

    Shortly thereafter Apple stock will collapse, the company will fold, Apple’s customers and employees will come crawling on their bellies begging me for help; it will be wonderful!
    http://fakesteveballmer.blogspot.com
    … ahhhhh, the justice system always wins! lol

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