Einhorn Drops Apple Lawsuit

SAN FRANCISCO (AP) -- A disgruntled shareholder pressing Apple (NASDAQ: AAPL  ) to create a new class of preferred stock has dropped a lawsuit that became a moot point after the iPhone and iPad maker changed the agenda at its annual meeting earlier this week.

Lawyers for hedge fund manager David Einhorn of Greenlight Capital notified U.S. District Judge Richard Sullivan in a letter sent Thursday that they no longer plan to pursue the lawsuit . Sullivan closed the case, which began three weeks ago in New York.

Einhorn had already achieved his goal last week when Sullivan issued a preliminary ruling blocking an Apple proposal that would have required shareholder approval before preferred stock could be issued. Apple withdrew the proposal from the agenda at its annual meeting held Wednesday.

At least two shareholders who attended the annual meeting said they were disappointed that they weren't able to vote in favor of a proposal, which they described as an example of sound corporate governance.

Shareholders had reason to be even more discouraged Friday as Apple's stock touched a new 52-week low, deepening a roughly six-month slide.

Apple might be able to ease the pain of a 39 percent drop in its stock price by doling out some of its $137 billion cash hoard to shareholders instead of letting the money sit idle at a time when interest rates are at near-record lows.

Einhorn, whose fund owns 1.3 million Apple shares, filed his lawsuit to preserve Apple's ability to issue dividend-paying preferred stock without having to take the extra step of gaining shareholder approval. He is pushing Apple to issue preferred stock that would guarantee a 4 percent dividend.

Apple CEO Tim Cook dismissed Einhorn's lawsuit as a "silly sideshow" at an investment conference a few weeks ago and again Wednesday at the company's annual meeting. During a question-and-answer session with shareholders Wednesday, Cook said Apple's board is in "very, very active discussions" about what to do with all its cash.

Apple, which is based in Cupertino, Calif., also has said it is considering whether to introduce another proposal that would require a shareholder vote on preferred stock. If another proposal is submitted, it probably wouldn't happen until Apple holds another annual meeting next year.

The company last year instituted a quarterly dividend of $2.65 per share on its common stock in a move that returns about $10 billion annually to shareholders. Apple's cash stash has grown by about $39 billion during the past year as customers bought its products in record numbers.

Despite Apple's success, investors are worried that the company's growth will soon taper off as it contends with fiercer competition in the smartphone and tablet computer market.

Apple's slumping stock fell to a new 52-week low of $430.78 on Friday before rebounding slightly in afternoon trading to $431.19, down $10.31, or 2.3 percent. The shares hit a record high of $705.07 in September when the iPhone 5 went on sale.


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  • Report this Comment On March 03, 2013, at 7:47 AM, MightyMinnow wrote:

    I think he made himslef a strawman from the start. Like Bobby Knight throwing in a chair to break the momentum.

    This is no time for a split. We should split on the way up (not down) Its putting lipstick on a pig @ this point.

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