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Business, Financial & Legal Posts - Page 257

Facebook IPO now the subject of a Securities Fraud Lawsuit

It seems that the ongoing tanking of the Facebook shares is now getting worse, with the Facebook IPO now the subject of a Securities Fraud Lawsuit filed in the United States District Court in New York. The lawsuit is built upon certain Facebook IPO documents containing untrue statements of material facts and omitted other facts necessary to make such statements not misleading.




But, it gets worse, the fraud lawsuit goes on to say that the Facebook IPO documents weren't prepared in accordance with Federal rules and regulations governing their preparation, thus, violating Federal Securities Laws. But, you might be safe, if you purchased, or acquired shares in Facebook common stock (FB), traceable to the Facebook IPO, on or around May 18, 2012, you can contact the Securities Fraud Attorneys to discuss your rights to recovery.


If you have purchased or acquired shares in Facebook, and want to go through with this, here are some contact details:


  • Deadline: July 22, 2012
  • Contact: Kenneth Gilman, Gilman Law LLP
  • Telephone: (888) 252-0048
  • E-mail:
  • Website: Facebook IPO Lawsuit Consultation Website


Current shareholders of Facebook common stock and current or former employees of Facebook, Inc. may have additional claims.

Continue reading 'Facebook IPO now the subject of a Securities Fraud Lawsuit' (full post)

HP to lay off 27,000 employees in multi year restructuring

We previously reported that anonymous sources were saying HP was going to lay off 25,000-30,000 people. We now know that those numbers were correct as Meg Whitman has announced a restructuring plan which will result in 27,000 workers being let go. To put that number in perspective, it is about 8% of HP's 325,000-person workforce.




People won't be losing their jobs immediately as these layoffs are part of a multi-year restructuring plan. As such, the cuts will only be fully implemented by October 2014 which gives employees plenty of time to find new jobs. The move is aimed at making HP more innovative and cost efficient and will include an early retirement program and a one-time charge of $1.8 billion.


"We are making progress in our multi-year effort to make HP simpler, more efficient and better for customers, employees, and shareholders," said Meg Whitman, HP chief executive. "This quarter we exceeded our previously provided outlook and are executing against our strategy, but we still have a lot of work to do."


HP expects to shed only 8,000 employees this year and will continue to invest in core research and development, enterprise servers, software, and services. HP performed better than expected and returned better-than-expected earnings. However, it was still performed worse than it did last year.

Continue reading 'HP to lay off 27,000 employees in multi year restructuring' (full post)

Seagate announces agreement with LaCie to acquire controlling interest

Seagate is looking to expand their grasp in the consumer market and what better way than acquiring a company that already produces consumer storage devices? Seagate has extended an offer to LaCie's CEO to purchase the CEO's and his affiliate's stock in LaCie which would give Seagate 64.5% of the outstanding shares, which is enough to have majority control.




Of course, this offer is pending approval by governmental regulatory agencies. Once Seagate gets these approvals, "Seagate would commence an all-cash simplified tender offer (followed as the case may be by a squeeze-out procedure) to acquire the remaining outstanding shares in accordance with the General Regulation of the French Autorite des Marches Financiers (AMF)."


The offer to the LaCie CEO by Seagate is pretty good. The offer is at €4.05 with a potential adjustment depending on LaCie's cash and debt position of LaCie at closing. The price could also possibly increase by up to 3% "in the event that the threshold of 95% of the shares and voting rights of LaCie would be reached by Seagate within 6 months following closing."

Continue reading 'Seagate announces agreement with LaCie to acquire controlling interest' (full post)

Jury finds Google did not infringe on Oracle patents with Android

It what can only be considered a win for programmers around the country, Google has been found not guilty of infringing on Oracle's patents. It took the jury an entire week of deliberations to come to this conclusion. Of the eight claims across two patents, RE38,104 and 6,061,520, Google was acquitted of every single one.




Now that we have this decision, there is no need for the trial to move onto the damages phase as there are no damages to be awarded. The jury is no longer needed in the trial as the final decision as to Fair Use has been left to Judge Alsup to decide. The judge thanked the jurors and dismissed them adding that "this is the longest trial, civil trial, I've ever been in."


Google had been found to be infringing on Oracle's copyrights on a couple of counts, but it is unclear whether or not this was fair use. The jury was unable to decide unanimously if it was. The jury found Google guilty of just one count of infringement, but Judge Alsup later ruled they infringed on 8 other minor counts.


Judge Alsup still has to render a ruling on whether or not the SSO of the Java APIs can be copyrighted or not. Judge Alsup is set to receive briefs from both legal teams within the next hour, though its not apparent when the actual verdict will be rendered. He is also taking the next two days off for personal reasons. We will continue to keep you posted on the latest happenings in this trial.

ITC judge recommends banning Xbox 360 imports due to patent infringement

If you want a new Xbox, you better get one now. The judge in the Motorola versus Microsoft patent infringement case has recommended to the six-person review commission that they ban imports of the Xbox 360 due to it infringing upon 4 of Motorola's patents. I can see where this could put a massive kink in Microsoft's current "buy a computer, get an Xbox" promotion.




In court documents that were released Monday, Judge Shaw recommended that the Xbox 360 4GB and 250GB be blocked and that Microsoft should have to post a bond worth 7% of the wholesale value of unsold Xbox's currently in the country. This ruling follows Shaw's previous ruling last month that Microsoft was in fact infringing on some of Motorola's patents.


"It is recommended that the Commission enter a limited exclusion order against infringing Microsoft products," Shaw wrote in his finding. "It is further recommended that the Commission issue a cease and desist order. Additionally, it is recommended that Microsoft be required to post a bond for importation of accused products during the Presidential review period."


The six-member commission is expected to review this decision and issue their final statement sometime in August. They have the ability to block imports of devices found to be infringing on US patents. It is also my understanding that the President would then review the finding and could overturn the ban if he wanted.

Continue reading 'ITC judge recommends banning Xbox 360 imports due to patent infringement' (full post)

Facebook shares continue to tank, now down 18.1% below the IPO launch price

Yesterday I reported that Facebook shares were down 11-percent from the IPO launch price of $38 per share, to a shave over $34 per share. Today, they've dropped even more, down a total of 18.1-percent from $38 per share to $31.12 per share.




An 11-percent drop, is significant in itself, but an 18.1-percent drop is even more significant as it's barely days from its IPO launch. Business Insider has a great piece on it, where they've explained that once again, Wall Street insiders had some great information, where small investors an individuals were left out in the cold.


It seems that Facebook was not as powerful on the stock market, and that this information was shared among the elite before the IPO itself. If we take note that Mark Zuckerberg himself sold 30.2 million Facebook shares, netting him (before tax) a very tidy $1.1 billion. Various people along the line who have the means and power to have much more knowledge than you or I, or the normal investor, were told to cut estimates.

Continue reading 'Facebook shares continue to tank, now down 18.1% below the IPO launch price' (full post)

Xfinity Voice gets free voice, text messaging over WiFi using Xfinity Connect Mobile app

Customers of Comcast's Xfinity Voice will be getting some new features which could help customers save money. The new feature is called "Voice 2go" and will allow users to make calls over WiFi using their home phone number. The new service will also allow users to text from the number while on WiFi.




"We continue to enhance our Xfinity Voice service by adding new features consumers have come to expect from smartphones and mobile technology," said Cathy Avgiris, Executive Vice President and General Manager, Data and Communications Services. "These new tools enable customers to stay connected to their home phone service and take it with them virtually wherever they go."


Using the newly redesigned Xfinity Connect Mobile app, customers can make and receive calls and texts messages for free while using WiFi. The service will also work over a mobile phone's 3G or 4G data connection and not use any minutes. These text messages can also be sent internationally to over 40 countries, including Canada, Brazil, China and, soon, Mexico.


Xfinity subscribers can also receive up to four Personal Phone Numbers, which can be assigned to family members. The phone numbers work within the Xfinity app and can replace costly cell phone subscriptions for children. Instead, they would be able to use an iPod Touch or similar device to keep in contact.

Continue reading 'Xfinity Voice gets free voice, text messaging over WiFi using Xfinity Connect Mobile app' (full post)

Google announces finalization of Motorola Mobility acquisition

Motorola has had a good run as its own company. They literally invented the mobile phone. But, as of late, they haven't been doing so well and Google has been courting them for some time. The deal has finally closed over seas in China, which is the last place that was holding back approval of the acquisition. Google has acquired MMI for $40.00 per share in cash which totals near $12.5 billion.




The CEO of Motorola Mobility has stepped down and Google has replaced them with one of their own. Dennis Woodside, formerly President of the Americas region for Google, will step up and become Motorola's next CEO. Google will continue to run Motorola as a separate company as well as keeping Android an open operating system.

Continue reading 'Google announces finalization of Motorola Mobility acquisition' (full post)

Machinima nabs $35 million in funding, led by Google

Online video creator, Machinima has had a great funding round, where they received $35 million in funding. This was led by Google, which also included existing investors found in Redpoint Ventures, and MK Capital. If you remember, Google's YouTube were after some original programming, and have been investing heavily to do so.




At the moment, Machinima's network is the largest single page view generator for YouTube, where it enjoyed more than 1.6 billion video views in the month of April. So we can see why Google ponied up for the online video creator.


YouTube is also an invaluable partner of Machinima, as YouTube is the company's primary distribution and monetization platform. Machinima plans to spend the money on investing in content and global sales, as well as international expansion and distribution. This latest move from Google shows just how important online video will be in the future, while it's not a huge investment, Machinima by itself brings in some serious viewers.

Samsung wants to settle war with Apple

The war between Samsung and Apple has been epic, but isn't it about time they settled it? Samsung Electronics' mobile division chief, JK Shin said over the weekend that they are still seeking to resolve differences in its international patent war with Apple.




Shin told reporters at the Seoul airport shortly before his departure for the US:


There is still a big gap in the patent war with Apple but we still have several negotiation options including cross-licensing.


When asked about the prospects for the company's memory chip business, Shin said that the 4G chip shortage was expected to drag on until Q4 of this year.

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