CHESTNUT RIDGE, NY —
A class action lawsuit was filed on
August 24, 2006 in the United States District Court for the Northern
District of California by the law firm of Kantrowitz, Goldhamer & Graifman,
and its co-counsel on behalf of shareholders who purchased securities
and/or sold put options of Apple Computer, Inc. (”Apple” or the “Company”)
(NASDAQ:
AAPL) between December 1, 2005 through August 11, 2006, inclusive
(the “Class Period”).
The Complaint charges that Apple and certain of its officers and directors
violated Sections 10(b), 14(a) and 20(a) of the Securities Exchange Act of
1934 and Rules 10-b(5) and 14a-9 promulgated thereunder. The action
alleges that defendants made false and misleading statements and omissions
concerning Apple’s improper and undisclosed practice of backdating options
conferred on certain executives which made it appear that such options were
issued on dates when the market price of Apple stock was higher than actual
market price on the actual grant dates. This improper backdating masked
the virtually instant profits the option recipients obtained. Under
generally accepted accounting principles, these profits were required to be
recognized as an expense in the Company’s financial statements for the
appropriate period, but were not. Thus, the Company’s financial statements
in its Form 10-K filing for the fiscal year 2005 and interim financial
statements for 2005 and 2006 were materially false and misleading. In
addition, the Company’s Proxy Statement for its annual shareholder meeting
held in 2006 was materially false and misleading because it contained
statements concealing Apple’s practice of backdating stock options. The
Complaint further alleges that as a result of defendants’ actions,
plaintiffs and the Class were damaged.
Plaintiffs seek to recover damages on behalf of class members and are
represented by the law firm of Kantrowitz, Goldhamer & Graifman and its
co-counsel, Stull, Stull & Brody. Both firms have significant experience
and expertise in prosecuting class actions on behalf of investors.
If you purchased Apple securities and/or sold put options on Apple shares
between December 1, 2005 and August 11, 2006, inclusive, you may be a
member of the class and have until October 24, 2006, to move the Court to
serve as lead plaintiff, if you so choose. In order to serve as lead
plaintiff, however, you must meet certain legal requirements. To be a
member of the class, however, you do not need to_take any action at this
time. Should you decide to seek appointment as a lead plaintiff, you may
retain Kantrowitz, Goldhamer & Graifman, or counsel of your choice.
If you wish to discuss this action or have any questions concerning this
notice or your rights or interests with respect to this matter, please
contact: Gary S. Graifman, Esq., at Kantrowitz, Goldhamer & Graifman,
toll-free at 800-660-7843 or via email at ggraifman@kgglaw.com or by
writing to Kantrowitz, Goldhamer & Graifman, 747 Chestnut Ridge Road,
Chestnut Ridge, New York 10977.

CONTACT:
Gary S. Graifman, Esq
Kantrowitz, Goldhamer & Graifman
1-800-660-7843 or
845-356-2570
SOURCE: Kantrowitz, Goldhamer & Graifman, P.C.
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