Companies under investigation for violations of U.S. bribery laws will likely face heightened scrutiny from law enforcement officials all over the world as probes widen and spill across borders, a study found.
The purpose of securitization is to make the credit rating of the company practically irrelevant in a financing, so that even in a bankruptcy the receivables cash flow will be protected....
The rating agencies also rely greatly on legal constructs that say the payment stream to investors will not be hindered. For instance, the transfer of receivables to the SPE must be a "true sale." That is, the seller must not retain too much of the reward or the risk coming from the asset, says Robert Hahn, a partner with Hunton & Williams LLP. In addition, the SPE has to be "nonrecourse" — in other words, the company's creditors must not have claim to the assets of the SPE if the originating company goes bankrupt.
"Securitization divorces the creditworthiness of the [company] from the credit of the pool," says Mark Spradling, a partner with Vinson & Elkings LLP. "True sale and nonconsolidation are part of that separation."
But the opinion that legal control of receivables has passed to a third party has not been litigated in the bankruptcy courts....
Tapping the capital markets without a lending bank in between means that even non-investment-grade companies can finance at near what triple-A companies pay.
Antitrust, unfair competition, and overcharge class actions. A large number of antitrust and unfair competition class action lawsuits have been filed against us in various state, federal, and Canadian courts on behalf of various classes of direct and indirect purchasers of our PC operating system and certain other software products. We obtained dismissals of damages claims of indirect purchasers under federal law and in 15 states. Courts refused to certify classes in two additional states. We have reached agreements to settle all claims that have been made to date in 19 states....
Other antitrust litigation and claims. In November 2004, Novell, Inc. filed a complaint in U.S. District Court in Utah, now consolidated with other cases in Maryland, asserting antitrust and unfair competition claims against us related to Novell’s ownership of WordPerfect and other productivity applications during the period between June 1994 and March 1996. ...
Patent and intellectual property claims. We are vigorously defending more than 45 patent infringement cases. ...
Adverse outcomes in some or all of the matters described in this section may result in significant monetary damages or injunctive relief against us that would adversely affect distribution of our operating system or application products. We may enter into material settlements because of these risks. ...
As of December 31, 2007, we had accrued aggregate liabilities of approximately $840 million in other current liabilities and approximately $660 million in other long-term liabilities for all of the contingent matters described in this note. While we intend to vigorously defend these matters, there exists the possibility of adverse outcomes that we estimate could be up to $4.1 billion in aggregate beyond recorded amounts. Were unfavorable final outcomes to occur, there exists the possibility of a material adverse impact on our financial position and on the results of operations for the period in which the effects become reasonably estimable.
If you don't believe me, take a look at what's happening out there. Linux is cutting into Microsoft's desktop dominance. It's also wiping away any hope of it gaining server dominance. Firefox is quickly replacing its browser as the preferred method for surfing the internet. Outlook is being slowly knocked off its pedestal by open source alternatives, and other competitors are attacking them from all sides in their other fields as well. Open Source is on a roll and Microsoft is getting run over on all sides, and while it may not seem like they're loosing the war, they are. Just because Open Source isn't in the mainstream news doesn't mean it's not winning. And if this isn't causing Microsoft and Steve Balmer to reach the point of being nearly panic stricken, then I'm a monkey's uncle. I honestly believe right now that they're terrified. Hence the battle for Yahoo is a battle for their very existence.
“Why else would many of Microsoft's top executives be dropping like flies and escape the company?”Do bear in mind that, as Glyn Moody puts it, Microsoft's dumping of Silverlight for youngsters was truly a giveaway (a word that we used only two days beforehand. It gave away Microsoft's fear.
If you think all of this is crazy nonesense, be aware that we were cited in Linux Journal, among other publications that start to recognise Microsoft's financial weakness, which the company has effectively been hiding for quite some time. Why else would many of Microsoft's top executives be dropping like flies and escape the company? Again, it's quite a giveaway. Microsoft was caught with its pants down when trying to spin this. Do not be hypnotised. ⬆
Further reading:
--Todd Bishop, Microsoft Watcher, Seattle P-I
Comments
Billy
2008-02-27 21:25:26
The bigger they are, the harder they fall!
Oh, how the mighty have fallen?
DOUGman
2008-02-28 00:38:09
D.
Quantum Flux
2008-03-01 15:04:12
You guys keep praying and hoping that MSFT is "going out of business". I guess it makes your apparently really sad and empty lives complete. I'm sure you have no opinions on real world problems, but it's somehow important to you that, while you can own a Mac or run Linux and use DivX and Firefox, most people run Windows. That you folks see this as the greatest sin in human history and therefore obsess over attempting to spin anything into bad news for MSFT belies your insanity.
DOUGman... Keep dreaming that MSFT is on its way out of business. Shout it from the roof tops actually. If you shout it long and loud enough, people will realize the depth of your condition.
A company with $29B being spun as "nearly bankrupt and out of business" and yet still so dangerous, apparently, that govts need to fine it billions a year? Which is it deranged dreamers? Unstoppable juggernaut which must be brought to task, or beaten and broken down charlatan that is almost out?
I have to say that from a philisophical standpoint, I'm growing to despise the OSS movement. Like all other supposed "free thinker" movements designed to "save us", it is more and more looking like a fascist wave of extremism that is designed to give you want THEY want like it or not. When was the vote on proprietary software having value and developer time being worth something? Oh thats right. You terrorists (following Stallman) simply decided that the rest of us were "idiots" and your way was THE way forward come hell or high water. Yep. That sounds like JUST the kind of "openness" I'm hoping for. And Im sure those of us in the enterprise space CONSUMING software will feel like we have won SUCH a victory when we are paying massive support costs to IBM, Sun, or some other OSS support titan. Because that will make SUCH a big difference in the day to day and lead to SO much more cost efficiency in our operation.
Anyone on the practical usage side of this argument sees it for the BS it is. And IF that sea change were to come, what will be the NEXT battle for you frothing maniacs? Because I suspect you wont then start devoting your basement dwelling time to cranking out code for "the good of mankind"... You'll be on to your next effort in social engineering.
Roy Schestowitz
2008-03-01 15:17:17
It appears as though the reality is more complicated than you wish to know. A company is able to move money between buckets and even borrow money from investors, pull money from its savings and shuffle wealth in a variety of ways in order to disguise losses. We have some evidence of this (articles from the mainstream press) and we write a lot about this in this site also, but you are certainly not interested. You have already made up your mind.
CoolGuy
2008-03-01 15:39:12
So u feel threatened by FOSS. hum...
what kind of proprietor software do u work on that the FOSS is going to replace very soon...i guess u need to hate those FOSS developer...hum...very strange.
you kind of remind me of that bald guy in Matrix, who wanted to go back to the matrix and enjoy his fake life.