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Sat, Jul 04, 2009 - 10:17 PM EDT  —  AAPL: 140.02 (-2.81, -1.97%)  |  NASDAQ: 1796.52 (-49.20, -2.67%)

Despite judge’s ruling, NYC pension fund proceeds with lawsuit against Apple Inc.
Tuesday, December 18, 2007 - 11:00 AM EDT

"The pension fund for New York City's public employees is pushing forward with its suit against Apple Inc. even though a federal judge's ruling suggests shareholders don't have a case against the company. A ruling last month by Judge Jeremy Fogel of U.S. District Court in San Jose, Calif., said the New York City Employees' Retirement System could not sue Apple over backdating stock options. Because Apple's stock has soared in value in recent years, Judge Fogel ruled that NYCERS hadn't suffered damages. He advised NYCERS to join a derivative suit, on behalf of the company, which would mean plaintiffs would not stand to receive payouts. NYCERS decided not to heed the advice," Joseph Goldstein reports for The New York Sun.

Full article here.

David Zeiler writes for The Baltimore Sun, "Talk about ungrateful... Over the course of 2006 AAPL went up, erasing any temporary setbacks caused by the backdating issue. The stock opened the year at $71.89 and closed it at $84.84. What possible damages could Apple owe any shareholders after achieving such extraordinary gains?"

"Not only is this lawsuit utterly futile, it could harm the very pension fund it is supposed to protect. Did NYCERS ever consider that filing and re-filing lawsuits against Apple could negatively affect the stock price? Wall Street has mostly forgotten about the whole thing; NYCERS would be wise to forget about it as well and save itself the lawyer’s fees," Zeiler writes. "Instead of filing lawsuits, NYCERS should be writing Apple thank-you notes."

Full article here.

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Dec 18, 07 - 12:05 pm Comment from: NIkeAjax

$184.84?

Dec 18, 07 - 12:07 pm Comment from: marcos

Litigation lawyers can't cut and run. Apple should pound them into the ground, deeply.

Dec 18, 07 - 12:07 pm Comment from: ChrissyOne

The simple solution is this - NYCERS is (are?) not interested in shareholder value. They are interested in hurting Apple.

Dec 18, 07 - 12:09 pm Comment from: ron

Some lawyers are evil. Did I say some?

Dec 18, 07 - 12:09 pm Comment from: NikeAjax

Whooooops!!! Didn't see that they were referring to 2006. Sorry!

Dec 18, 07 - 12:14 pm Comment from: Ampar

I'd say they have their NYCERS in a twist.

Dec 18, 07 - 12:14 pm Comment from: Macromancer

Why does new York hate Apple so much?

If you hate Apple, you hate America and the terrorists win.

We need to bomb Iran in order to stop this lawsuit.

Dec 18, 07 - 12:17 pm Comment from: Cubert

No, C1. They are only interested in lining their own pockets. It has nothing to do with hurting Apple.

FSCK lawyers!!!

(except when you need one)

Dec 18, 07 - 12:21 pm Comment from: Steve516

New York does not hate Apple... At least not from what I have seen.

Dec 18, 07 - 12:22 pm Comment from: R2

Giuliani probably has something to do with this.

Dec 18, 07 - 12:23 pm Comment from: Woody

We do need to bomb Iran. They will be a big problem very soon. And Russia is cheering them on.

Dec 18, 07 - 12:24 pm Comment from: Ampar

I blame Karl Rove.

Dec 18, 07 - 12:30 pm Comment from: Ampar

And some mobs just have a pension for lawsuits.

Dec 18, 07 - 12:42 pm Comment from: DJ Jac

There will be big winners after this lawsuit goes through!
"Winner" = Every lawyer involved, no matter what the outcome.

Dec 18, 07 - 12:49 pm Comment from: Mr. Peabody

Typical lawyers and Typical NCYERs. Sorry NCYERs but you know it's true, scrape for every penny even if it means shutting down the very thing that constitutes the bread and butter you and the rest of us clamor for. Do the right thing, call your legal reps. and call it off before you break something important to all of us.

Dec 18, 07 - 12:57 pm Comment from: Macromancer

Steve516

Sarcasm. There needs to be an emoticon.
Just sayin.

Dec 18, 07 - 01:13 pm Comment from: Buster

Hope Apple's lawyers crush NCYERs lawyers into Apple juice.

Dec 18, 07 - 01:20 pm Comment from: Jeff

The rest of the shareholders should sue The pension fund for New York City's public employees for trying to negatively impact the stock price.

Dec 18, 07 - 01:20 pm Comment from: Viktor

Smells like microsoft's laiyers, sorry, I mean lawyers in that case.

Dec 18, 07 - 01:24 pm Comment from: boulderfrog

@Woody. You're right, make sure to bomb Iran. After all, the President said they're building a weapon of mass destruction. We all know he'd never lie about something like that.

Dec 18, 07 - 01:52 pm Comment from: Peter

That sucks. I love Apple. I go to sleep by the glo of my blinking MBPro sleep light.

I miss the good old days where everyone would leave Apple alone.

Gosh Darn it.

Fiddlesticks.

Dec 18, 07 - 01:53 pm Comment from: HotinPlaya

Its a shame how 99% of lawyers give the other 1% a bad name

Dec 18, 07 - 01:54 pm Comment from: shiftOpt k

sounds like NYCERS is more interested in lining their pockets than defending any 'principle' that may be involved. i mean, kinda says it all in this statement, "he advised NYCERS to join a derivative suit, on behalf of the company, which would mean plaintiffs would not stand to receive payouts. NYCERS decided not to heed the advice." If they're suing merely as a matter of principle, they'd been happy to continue with no intentions of getting payouts, rite?

Just my 2¢

Dec 18, 07 - 02:04 pm Comment from: qka

@Maromancer

Sarcasm. There needs to be an emoticon.

</sarcasm> works.

Dec 18, 07 - 02:06 pm Comment from: Demon

It's all about Money. The Fund sold all their AAPL in 2006 (at a profit). The sourgrapes is that if they had held it through 2007 the funds profit on AAPL stock if sold today (or at it's all time high) would have been huge.
I'd bet that the $$$$ they sue for equal the difference in what they sold AAPL for in 2006 and AAPL's all time high on the filing date (currently at $200.00).

Dec 18, 07 - 02:12 pm Comment from: ChrissyOne

@ HotinPlaya

What's the difference between catfish and a lawyer?


One's a scum-sucking bottom-dweller...

And the other's a fish.

Dec 18, 07 - 02:14 pm Comment from: ChrissyOne

@ Cubert

Oh, I'm sure it's about money. I just wonder where following that money might lead.

Dec 18, 07 - 02:32 pm Comment from: Ampar

I like my lawyers the way I like my catfish.
Blackened with a little lemon butter.

Dec 18, 07 - 03:47 pm Comment from: ElderNorm

I say let the NYCERS win. Apple should cash out their stock in Apple at 110 percent of the value it had at the end of 2006. That way they can declare themselves winners, pay their lawyers and get stock chased out at 110 percent of its value at the end of 2006.

Of course its worth twice that now, but screw them. grin

Dec 18, 07 - 03:48 pm Comment from: MacFhearghaile

The good news, a buss load of lawyers went over a cliff.
The bad news, 5 of them lived.

Dec 18, 07 - 03:48 pm Comment from: ElderNorm

Oppps "chased out" should be "cashed out" as in to sell the stock at 110 % of its 2006 value. grin

Dec 18, 07 - 07:10 pm Comment from: Hm...

“Oooo! The «Zune» of pension funds!”™

Dec 18, 07 - 07:16 pm Comment from: Hm...

On second thought:
   The officers of NYCERS must have approved the suit. Mayhaps the members of NYCERS should hold said officers of NYCERS accountable for a frivolous lawsuit and sue said officers for malfeasance and dereliction of sanity.

Dec 19, 07 - 12:34 pm Comment from: Less is More ◍

Give the case to Judge Judy, I say.

Dec 21, 07 - 09:28 am Comment from: Ha Ha Ha

"Give the case to Judge Judy, I say."

Except that she's mad a a hatter and will just rule against the first side that pisses her off. If it becomes Rabid Apple Fanboys v. NYCERS. then you know who's going to lose without even having to watch that one.

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