Apple tries to put options scandal behind it with settlement

By Ed Oswald | Published September 11, 2008, 2:19 PM

A shareholder lawsuit accusing Apple and its executives of improper accounting as a result of its stock options practices will yield a $14 million payout to the plaintiffs.

As a result of a settlement in a shareholders' derivative action, liability insurers will pay Apple a total of $14 million, effectively restoring to the company -- and, in the "derivative," to its shareholders -- what executives of the company allegedly took for themselves through options backdating practices.

Apple has also agreed to make some changes to the way it operates its business. It will also be responsible for $8.5 million in attorney fees and $350,000 in expenses, according to a September 4 filing with the US District Court in San Jose, Calif.

The settlement is expected to be finalized October 31 when the two sides are scheduled to meet in a hearing. Neither the plaintiff's attorneys nor Apple are responding to requests for comment.

Executives are also being permitted to deny any wrongdoing as part of the suit, customary in many pre-trial settlements. It will also settle much of the remaining legal claims over the stock options scandal that plagued the company for much of 2006.

Only two Apple executives were ever charged with any wrongdoing as part of the scandal. Former Chief Financial Officer Fred Anderson settled in April 2007 for $3.5 million, and former chief counsel Nancy Heinen settled in August for $2.2 million. Neither admitted any misconduct.

In layperson's terms, a derivative action is taken by a shareholder of a company on behalf of the company itself. These suits are commonly brought against the executives of the company. In such instances, any monies won do not go back to the person(s) initiating the suit, but rather the company in which they've invested.

Comments

View comments by with a score of at least

I can't hear you, internetworld7. :)

Score: 0

|

Whomever acted illegally should be held accountable.

Now, one wonders if the even more sordid tale of Dell is going to be told here as well?

Score: 0

|

Microsoft's Bob Muglia and Ray Ozzie on Silverlight vs. standards

Bob Muglia: "We're trying to provide people with an environment that has capabilities that you just simply can't do today in the standards-based world."

Uh-oh, netbooks -- not Windows 7 -- will lift 2009 PC sales

Santa may bring a lump of coal to the Windows PC industry this holiday season. Netbook sales will sap PC margins, while weak Windows 7 PC sales could further drive down average selling prices.

Google's value proposition for Chrome OS: Should we feel insulted?

For a search engine that has direct access to all the world's online history, it appears to have taught Google nothing about selling a machine.

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

Microsoft's .NET Micro Framework is now free and open source

The latest version of Microsoft's .NET Micro framework is now in the hands of the FOSS community.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.