Apple to settle backdating case for $14m
Apple and several of its officers and directors, including chief executive Steve Jobs, have agreed to settle a stock options backdating case for $14m (£8m), plus legal fees and costs, reports The National Law Journal. According to court filings this month, Apple also agreed to pay $7.3m (£4.1m) in legal fees and $300,000 (£171,000) to plaintiffs in the federal actions, as well as $1.2m (£683,000) in legal fees and $50,000 (£28,500) in expenses to plaintiffs.
September 10, 2008 at 09:05 AM
3 minute read
Apple and several of its officers and directors, including chief executive Steve Jobs, have agreed to settle a stock options backdating case for $14m (£8m), plus legal fees and costs, reports The National Law Journal.
According to court filings this month, Apple also agreed to pay $7.3m (£4.1m) in legal fees and $300,000 (£171,000) to plaintiffs in the federal actions, as well as $1.2m (£683,000) in legal fees and $50,000 (£28,500) in expenses to plaintiffs.
The company also agreed to certain corporate governance changes.
On Monday, a federal judge preliminarily approved the settlement and set a final settlement hearing 31 October.
In addition to Apple and Jobs, the defendants are: former chief financial officer Fred Anderson and chief financial officer Peter Oppenheimer; chief operating officer Timothy Cook; former general counsel Nancy Heinen; senior vice president Ronald Johnson and former senior vice presidents Mitchell Mandich, Jonathan Rubinstein and Avadis Tevanian Jr; and board members William Campbell, Millard Drexler, Arthur Levinson and Jerome York.
Last month, Heinen agreed to pay $2.2m (£1.25m) to settle options backdating charges brought by the US Securities and Exchange Commission (SEC). Anderson had agreed last year to pay $3.5m (£2m) to settle SEC claims against him.
In court papers, the plaintiffs said the settlement "provides an excellent monetary recovery." While maintaining the merit of their case, plaintiffs acknowledged the expense and length of continuing the litigation. So did Apple and the individual defendants, who denied liability.
In court papers, Apple said "most of the grants cited in the federal complaint could not give rise to recoverable damages because they were not misdated or the grants were cancelled before they were exercise, thereby providing no benefit for the grant recipient and imposing no loss on the company. Proceeding with the litigation, however, will impose extensive and unrecoverable costs in the form of attorneys' fees and expenses."
Apple also said the plaintiffs had a high unlikelihood of succeeding, given, among other things, claims that were time-barred.
The settlement ends 14 derivative federal actions and five state derivative suits brought against Apple.
An internal investigation at Apple found stock option grants had been backdated from 1997 to 2002 but no member of management, including Jobs, was accused of any wrongdoing.
The revelation forced the company to record $84m (£47.8m) in expenses.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWorkload and Getting It All Done Top Challenges for In-house Counsel: Survey
4 minute readAmazon Corporate Counsel in Brussels Returns to US Firm in ‘Boomerang Hire’
2 minute readFormer Miral GC Brings Commercial Insight to BCLP’s Middle East Real Estate Practice
4 minute read‘A Slave Drivers' Contract’: Evri Legal Director Grilled by MPs
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250