Friday, December 28, 2007

PowerShares Lists Three New ETFs on NYSE Arca

NYSE Euronext (NYSE Euronext: NYX) today announced that three new PowerShares Exchange Traded Fund (ETF) listed and began trading on NYSE Arca.

PowerShares DWA Developed Markets Technical Leaders Portfolio ETF (NYSE Arca: PIZ)-
This ETF tracks the performance of the Dorsey Wright & Associates Developed Markets Technical Leaders™ Index.

PowerShares DWA Emerging Markets Technical Leaders Portfolio ETF (NYSE Arca: PIE)-
This ETF tracks the performance of the Dorsey Wright & Associates Emerging Market Technical Leaders™ Index.

PowerShares FTSE RAFI International Real Estate Portfolio ETF (NYSE Arca: PRY) -
This ETF tracks the performance of theFTSE RAFI Real Estate Global ex US Index.

Including today’s listings, NYSE Group markets have 238 primary ETF listings and trade all other eligible ETFs on a UTP basis. Through the first three quarters of 2007, NYSE Group handled 41% of all ETF shares traded in the U.S. market. As the largest public liquidity pool for ETF trading, NYSE Group is committed to offering investors the most innovative new investment options with superior pricing and market quality

Tuesday, December 18, 2007

Claymore/AlphaShares China Real Estate ETF Lists on NYSE Arca

NYSE Euronext (NYSE Euronext: NYX) today announced that the Claymore/AlphaShares China Real Estate ETF listed and began trading on NYSE Arca under the ticker symbol “TAO”. As the first of its kind to market in the U.S. , Claymore created “TAO” to track the performance of the AlphaShares China Real Estate Index. The index is designed to measure and monitor the performance of the investable universe of publicly-traded companies and real estate investment trusts deriving a majority of their revenues from the development, management and/or ownership of property in China or the Special Administrative Regions of China, such as Hong Kong and Macau.

Dr. Burton G. Malkiel, AlphaShares, Inc. CIO, notes that China’s economy has accelerated over the past 25 years and as the economy has expanded, demand for real estate has grown as well. The momentum of China ’s real estate expansion has been fueled by a growing population and rapid urbanization. As more Chinese residents move from rural areas to the cities to seek greater economic opportunity, the demand for housing and office space is expected to increase dramatically, expanding the real estate marketplace for investors.[1]

"We welcome the Claymore/AlphaShares China Real Estate ETF as the 231ST ETF to make its primary listing on NYSE Group,” said NYSE Group Senior Vice President, Exchange Traded Funds and Indexes, Lisa Dallmer. “Covering the many areas and aspects of the Chinese real estate marketplace, “TAO” offers customers unique access to Chinese real estate investments.”

Including today’s listings, NYSE Group markets have 231 primary ETF listings and trade all other eligible ETFs on a UTP basis. Through the first three quarters of 2007, NYSE Group handled 41% of all ETF shares traded in the U.S. market. As the largest public liquidity pool for ETF trading, NYSE Group is committed to offering investors the most innovative new investment options with superior pricing and market quality.



About Claymore Securities
Claymore Securities, Inc. is a privately-held financial services company offering unique investment solutions for financial advisors and their valued clients. Claymore entities have provided supervision, management, servicing or distribution on approximately $18.3 billion in assets as of November 30, 2007. Claymore currently offers exchange-traded funds, unit investment trusts and closed-end funds. Claymore Advisors, LLC, an affiliate of Claymore Securities, serves as investment adviser to the Fund.

About AlphaShares
AlphaShares, Inc. is an investment management firm dedicated to providing investors with strategies and products that allow them to participate in China ’s economic boom. The Chief Investment Officer of AlphaShares is world renowned Princeton University economist and author, Dr. Burton G. Malkiel.

About NYSE Euronext
NYSE Euronext, a holding company created by the combination of NYSE Group, Inc. and Euronext N.V., commenced trading on April 4, 2007. NYSE Euronext (NYSE Euronext: NYX) operates the world’s largest and most liquid exchange group and offers the most diverse array of financial products and services. NYSE Euronext, which brings together six cash equities exchanges in five countries and six derivatives exchanges in six countries, is a world leader for listings, trading in cash equities, equity and interest rate derivatives, bonds and the distribution of market data. Representing a combined $30.3 trillion/€21.3 trillion total market capitalization of listed companies and average daily trading value of approximately $139 billion/€103 billion (as of September 30, 2007), NYSE Euronext seeks to provide the highest standards of market quality and integrity, innovative products and services to investors, issuers, and all users of its markets. NYSE Euronext is part of the S&P 500 and S&P 100 indexes.

EMCORE to Acquire Telecom Assets of Intel's Optical Platform Division

EMCORE Corporation and Intel Corporation today announced a definitive agreement for EMCORE to acquire the telecom-related portion of Intel’s Optical Platform Division for $85 million. The telecom assets to be acquired include intellectual property, assets and technology relating to tunable lasers, tunable transponders, 300-pin transponders and integrable tunable laser assemblies. The transaction is subject to regulatory review and certain other closing conditions, and is expected to close in the first quarter of 2008.

The acquisition will enhance EMCORE’s presence in the telecommunications market segment and expand its fiber optics product portfolio, allowing EMCORE to provide telecom customers with a more complete product offering.

"This transaction represents an important step for EMCORE," said Reuben Richards, CEO, EMCORE. "We are excited about this acquisition and the opportunity to continue building upon Intel’s leading tunable laser technology, strong product quality and history of customer service and satisfaction. The acquired assets should drive substantial product cost reduction, and the combined product portfolio should enable EMCORE to gain a greater share of customer spending. EMCORE estimates these assets will generate $65 million of revenue in 2008, and believes this acquisition will accelerate its path to earnings per share profitability as expected in mid-2008."

"The optical telecom components business continues to be an attractive market opportunity, but we believe this business and its assets are an optimal fit with EMCORE," said Doug Davis, vice president, Intel Digital Enterprise Group, and general manager, Embedded and Communications Group. "The two companies will work together following the close of the transaction to complete a smooth transition of the business."

The sale of these telecom-related assets enables Intel to focus its investments on core communications and embedded market segments in line with its platform strategies. In addition to this announced transaction, Intel is currently exploring strategic alternatives regarding the enterprise-focused portion of its Optical Platform Division.

About Intel
Intel, the world leader in silicon innovation, develops technologies, products and initiatives to continually advance how people work and live. Additional information about Intel is available at www.intel.com/pressroom.

About EMCORE

EMCORE is a leading provider of compound semiconductor-based components and subsystems for the broadband, fiber optic, satellite and terrestrial solar power markets. EMCORE has two operating segments: Fiber Optics and Photovoltaics. EMCORE’s Fiber Optics segment offers optical components, subsystems and systems that enable the transmission of video, voice and data over high-capacity fiber optic cables for high-speed data and telecommunications, cable television (CATV) and fiber-to-the-premises (FTTP) networks. EMCORE’s Photovoltaics segment provides solar products for satellite and terrestrial applications. For satellite applications, EMCORE offers high-efficiency compound semiconductor-based gallium arsenide (GaAs) solar cells, covered interconnect cells (CICs) and fully integrated solar panels. For terrestrial applications, EMCORE offers its high-efficiency GaAs solar cells for use in solar power concentrator systems. For specific information about EMCORE, its products or the markets it serves, please visit www.emcore.com.

Sunday, December 16, 2007

NASDAQ Announces the Annual Re-Ranking of the NASDAQ-100 Index

NASDAQThe Nasdaq Stock Market, Inc. (NASDAQ(r)) (Nasdaq:NDAQ) announced today the annual re-ranking of the NASDAQ-100 Index(r), effective with the market open on Monday, December 24, 2007.

"The NASDAQ-100 Index is a diverse, world-renowned benchmark comprised of many of the world's largest growth companies," stated NASDAQ Executive Vice President John L. Jacobs. "It is the basis of more than 580 products in 37 countries. Although the components of the NASDAQ-100 Index are determined by an open, objective, and rules-based process -- they are ultimately chosen by investors."

The following five issues will be added to the NASDAQ-100 Index: Hologic, Inc. (Nasdaq:HOLX), Focus Media Holding Limited (Nasdaq:FMCN), Hansen Natural Corporation (Nasdaq:HANS), Steel Dynamics, Inc. (Nasdaq:STLD), Stericycle, Inc. (Nasdaq:SRCL).

The NASDAQ-100 Index is composed of the 100 largest non-financial stocks on The NASDAQ Stock Market(r) and dates to January 1985 when it was launched along with the NASDAQ Financial-100 Index(r), which is comprised of the 100 largest financial stocks on NASDAQ(r). These indexes were originally designed to segment NASDAQ into two major industry groups to support media coverage and to act as benchmarks for financial products such as options, futures, and funds. The NASDAQ-100 is re-ranked each year in December, timed to coincide with the quadruple witch expiration Friday of the quarter.

On a cumulative price return basis, the NASDAQ-100 Index has risen over 1571% since inception, and it has outperformed several major domestic and international stock indexes for the ten-year period ended November 30, 2007, although past performance is not indicative of future performance. For the most recent one, five, and ten-year periods ended November 30, 2007, the cumulative return of the NASDAQ-100 Index was 16.63%, 87.18%, and 98.87%, respectively.

The NASDAQ-100 Index is the basis of the PowerShares QQQ Trust (Nasdaq:QQQQ), which aims to provide investment results that, before expenses, correspond with the NASDAQ-100 Index performance. In addition, options, futures and structured products based on the NASDAQ-100 Index and the PowerShares QQQ Trust trade on various exchanges.

As a result of the re-ranking of the NASDAQ-100 Index, the following five companies will be removed: LM Ericsson Telephone Company (Nasdaq:ERIC), Patterson-UTI Energy, Inc. (Nasdaq:PTEN), Ross Stores, Inc. (Nasdaq:ROST), Sepracor Inc. (Nasdaq:SEPR), XM Satellite Radio Holdings Inc. (Nasdaq:XMSR).

NASDAQ is the largest U.S. equities exchange. With approximately 3,100 companies, it lists more companies and, on average, trades more shares per day than any other U.S. market. It is home to companies that are leaders across all areas of business including technology, retail, communications, financial services, transportation, media and biotechnology. NASDAQ is the primary market for trading NASDAQ-listed stocks as well as a leading liquidity pool for trading NYSE-listed stocks. For more information about NASDAQ, visit the NASDAQ Web site at www.nasdaq.com or the NASDAQ Newsroom at www.nasdaq.com/newsroom/.


Current list:

Company Name Symbol

Activision, Inc. ATVI
Adobe Systems Incorporated ADBE
Akamai Technologies, Inc. AKAM
Altera Corporation ALTR
Amazon.com, Inc. AMZN
Amgen Inc. AMGN
Amylin Pharmaceuticals, Inc. AMLN
Apollo Group, Inc. APOL
Apple Inc. AAPL
Applied Materials, Inc. AMAT
Autodesk, Inc. ADSK
Baidu.com, Inc. BIDU
BEA Systems, Inc. BEAS
Bed Bath & Beyond Inc. BBBY
Biogen Idec Inc BIIB
Broadcom Corporation BRCM
C.H. Robinson Worldwide, Inc. CHRW
Cadence Design Systems, Inc. CDNS
Celgene Corporation CELG
Cephalon, Inc. CEPH
Check Point Software Technologies Ltd. CHKP
Cintas Corporation CTAS
Cisco Systems, Inc. CSCO
Citrix Systems, Inc. CTXS
Cognizant Technology Solutions Corporation CTSH
Comcast Corporation CMCSA
Costco Wholesale Corporation COST
Dell Inc. DELL
DENTSPLY International Inc. XRAY
Discovery Holding Co DISCA
eBay Inc. EBAY
EchoStar Communications Corporation DISH
Electronic Arts Inc. ERTS
Expedia, Inc. EXPE
Expeditors International of Washington, Inc. EXPD
Express Scripts, Inc. ESRX
Fastenal Company FAST
Fiserv, Inc. FISV
Flextronics International Ltd. FLEX
Foster Wheeler Ltd. FWLT
Garmin Ltd. GRMN
Genzyme Corporation GENZ
Gilead Sciences, Inc. GILD
Google Inc. GOOG
Henry Schein, Inc. HSIC
IAC/InterActiveCorp IACI
Infosys Technologies Limited INFY
Intel Corporation INTC
Intuit Inc. INTU
Intuitive Surgical, Inc. ISRG
Joy Global Inc. JOYG
Juniper Networks, Inc. JNPR
KLA-Tencor Corporation KLAC
Lam Research Corporation LRCX
Lamar Advertising Company LAMR
Leap Wireless International, Inc. LEAP
Level 3 Communications, Inc. LVLT
Liberty Global, Inc. LBTYA
Liberty Media Corporation LINTA
Linear Technology Corporation LLTC
LM Ericsson Telephone Company ERIC
Logitech International S.A. LOGI
Marvell Technology Group, Ltd. MRVL
Microchip Technology Incorporated MCHP
Microsoft Corporation MSFT
Millicom International Cellular S.A. MICC
Monster Worldwide, Inc. MNST
Network Appliance, Inc. NTAP
NII Holdings, Inc. NIHD
NVIDIA Corporation NVDA
Oracle Corporation ORCL
PACCAR Inc. PCAR
Patterson Companies Inc. PDCO
Patterson-UTI Energy, Inc. PTEN
Paychex, Inc. PAYX
PETsMART, Inc. PETM
QUALCOMM Incorporated QCOM
Research in Motion Limited RIMM
Ross Stores, Inc. ROST
Ryanair Holdings plc RYAAY
SanDisk Corporation SNDK
Sears Holdings Corporation SHLD
Sepracor Inc. SEPR
Sigma-Aldrich Corporation SIAL
Sirius Satellite Radio Inc. SIRI
Staples, Inc. SPLS
Starbucks Corporation SBUX
Sun Microsystems, Inc. JAVA
Symantec Corporation SYMC
Tellabs, Inc. TLAB
Teva Pharmaceutical Industries Limited TEVA
UAL Corporation UAUA
VeriSign, Inc. VRSN
Vertex Pharmaceuticals Incorporated VRTX
Virgin Media Inc. VMED
Whole Foods Market, Inc. WFMI
Wynn Resorts, Limited WYNN
Xilinx, Inc. XLNX
XM Satellite Radio Holdings Inc. XMSR
Yahoo! Inc. YHOO

Wednesday, December 12, 2007

iShares Lists Three ETFs on NYSE Arca

NYSE Euronext (NYSE Euronext: NYX) today announced that three iShares exchange traded funds (ETFs) listed and began trading on NYSE Arca. These three new funds include various characteristics which offer investors unique exposure to the developing global market place; including Japan, Germany, Greece, Hong Kong, Singapore, and Spain.

“We are pleased to continue our strong relationship with Barclays by listing these new products, joining the 133 iShares already listed with NYSE Group,” said NYSE Group Senior Vice President, Exchange Traded Funds and Indexes, Lisa Dallmer. "Today's new listings provide investors with an opportunity to participate in global growth prospects and access innovation in developing marketplaces."

iShares MSCI EAFE Small Cap Index Fund (symbol: SCZ)
- Tracks the performance of 40% of the eligible small cap universe in each industry group of the iShares MSCI EAFE Small Cap Index. As of June, 2007, the MSCI EAFE Index consisted of the following 21 developed market country indexes: Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, the Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland and the United Kingdom.

iShares S&P Global Infrastructure Index Fund (symbol: IGF)
- Tracks the performance of the iShares S&P Global Infrastructure Index which measures stocks of large infrastructure companies around the world; including companies involved in utilities, energy and transportation infrastructure, management or ownership of oil and gas storage and transportation; airport services; highways and rail tracks; marine ports and services; and electric, gas and water utilities.

iShares MSCI Kokusai Index Fund (symbol: TOK)
Tracks the performance of the iShares MSCI Kokusai Index which is designed to measure equity market performance in those countries that MSCI has classified as having developed economies, excluding Japan ("DEEJ"). As of June 2006, the MSCI Kokusai Index consisted of the following 22 country indexes: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, the United Kingdom and the United States.

Including today’s listings, NYSE Group markets have 230 primary ETF listings and trade all other eligible ETFs on a UTP basis. Through the first three quarters of 2007, NYSE Group handled 41% of all ETF shares traded in the U.S. market. As the largest public liquidity pool for ETF trading, NYSE Group is committed to offering investors the most innovative new investment options with superior pricing and market quality.

Tuesday, December 11, 2007

SEC Halts Fraudulent Global Pyramid Scheme Preying on Hispanic Community

The Securities and Exchange Commission has won an asset freeze and other emergency relief to halt a massive pyramid scheme with as many as 70,000 victims in 64 countries. The scheme involving the purported sale of English and Spanish language tutorials particularly preyed on Hispanic communities in Orlando, Fla., and Puerto Rico.

The case was unsealed yesterday by the court, which issued the emergency order and asset freeze on Dec. 6, 2007. The SEC charged Robert Lane, Wealth Pools International, Inc., and Recruit For Wealth, Inc. with the fraudulent offer and sale of unregistered securities in the form of "Associate" memberships in an enterprise called Wealth Pools. The fraudulent offering began in 2005 and the defendants claim to have raised more than $132 million in 2007 alone, according to the SEC's complaint.

Linda Chatman Thomsen, Director of the SEC's Division of Enforcement, said, "This action reaffirms the Commission's commitment to protecting investors from fraudulent securities offerings, and particularly affinity frauds that seek to exploit an ethnic group."

David Nelson, Director of the SEC's Miami Regional Office, added, "This scheme was targeted at Hispanic communities both in the United States and overseas. Our action is designed to preserve and recover as many assets as possible for the benefit of harmed investors."

Wealth Pools purports to be a multi-level marketing company primarily selling an English and Spanish language tutorial DVD called Talk-N-Tutor through a network of sales Associates around the world, the SEC alleges in its complaint. The DVD is, in reality, a front for Wealth Pools's true product - an investment in one or more "pools" that offer investors an opportunity to receive passive income through the efforts of others to recruit new investors, according to the complaint.

The SEC alleges that investors do not profit from the sale of DVDs to consumers, but from the recruitment of new investors termed "Associates."

The SEC's complaint further charges the defendants with luring investors through "Opportunity Meetings" held in Puerto Rico, at the Wealth Pools Orlando headquarters, and live on the Internet. The defendants enticed investors to purchase thousands of DVDs by falsely promising them that they would earn income for life with no further effort, according to the SEC's complaint. The SEC also charged the defendants with failing to disclose, among other things, that Wealth Pools is a pyramid scheme utterly dependent on an ever increasing number of new investors to pay existing ones, and is destined to collapse, leaving investors with substantial losses. Furthermore, the SEC alleges that the defendants do not disclose the dilutive effect of new investors on all investors' returns, which renders baseless the defendants representations that 97 percent of Associates make money and receive a lifetime of passive income. Finally, the complaint alleges that the defendants do not disclose that Lane was president of another company that used similar methods that failed, resulting in it declaring bankruptcy and being enjoined by the State of Florida.

The SEC filed its action in the U.S. District Court for the Middle District of Florida on Dec. 5, 2007, seeking a temporary restraining order, preliminary and permanent injunctions, disgorgement of ill-gotten gains plus prejudgment interest, and civil penalties. The complaint alleges that the defendants violated the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the securities registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933. The SEC also named as relief defendants members of Robert Lane's family and other related entities who received investor proceeds raised in the fraudulent and unregistered offering.

On Dec. 6, 2007, the Honorable John Antoon II, U.S. District Judge, entered, ex parte, an emergency order temporarily restraining the defendants and freezing the assets of Wealth Pools International, Inc., Recruit For Wealth, Inc., Robert Lane, and relief defendants Julia Lane, Richard Lane, Renee Becker, T-N-T Education, Inc., Mundo Trade, Inc., and First Fiduciary Business Trust. The order also provides for expedited discovery, a sworn accounting and the preservation of records. The Court also appointed Denise Dell-Powell, an attorney in the law firm of Akerman Senterfitt of Orlando, as a receiver over Wealth Pools International, Inc. and Recruit For Wealth, Inc. Among other things, the receiver is responsible for marshaling and safeguarding assets held by these entities. A show cause hearing has been set for Dec. 13, 2007, in Orlando to determine whether the emergency asset freeze and other relief should remain in effect.

Investors are encouraged to read the SEC's "Affinity Fraud" Investor Alert, which provides tips on how to avoid being a victim in an affinity fraud. This and other investor alerts can be found on the SEC's Web site, at www.sec.gov/investor/pubs.shtml.

SEC Charges San Diego's Independent Auditor for Fraud in Connection With City Municipal Securities Offerings

The Securities and Exchange Commission filed a settled civil fraud action yesterday against San Diego's independent auditor in connection with the city's false and misleading financial statements in five 2002 and 2003 bond offerings.

According to the Commission's complaint, the independent auditor issued unqualified audit reports on the bond offerings that raised $260 million from investors but contained materially false and misleading information about San Diego's pension and retiree health care obligations.

The Commission charges against certified public accountant Thomas J. Saiz and his firm, Calderon, Jaham & Osborn (CJO), allege that they failed to comply with generally accepted accounting standards, were not knowledgeable about San Diego, and failed to obtain sufficient competent evidential matter.

"Auditors play an important role in providing investors with material information in municipal securities offerings," said Linda Chatman Thomsen, Director of the SEC's Enforcement Division. "It is therefore critical that auditors of municipalities conduct their audits with a high degree of rigor, competence and independence, and that cities hire auditors who have the technical skills, experience and resources to conduct proper audits and not hire auditors based primarily on the lowest bid or other factors unrelated to the auditor's skills, resources and abilities."

Rosalind Tyson, Acting Regional Director of the SEC's Los Angeles Regional Office, added, "Saiz, like many independent auditors of municipalities, participated in drafting the footnote disclosures to the city's financial statements. Saiz failed to exercise proper professional care and skepticism to see that San Diego disclosed both the positive and negative information regarding its pension and retiree health care obligations."

According to the Commission's complaint, San Diego was the seventh largest city in the United States in 2001 and 2002, with revenues exceeding $1 billion per year and assets in excess of $10 billion. San Diego's pension plan had net assets of $2.5 billion and total additions to the plan of more than $85 million. CJO was the independent auditor for San Diego and its pension plan in 2001 and 2002, and Saiz was sole shareholder of CJO, which had approximately 30 employees.

The Commission's complaint alleges that Saiz and CJO drafted, subject to San Diego's review and approval, the disclosures in footnotes to the city's financial statements. The footnotes disclosed that San Diego was under-funding its annual pension contribution but also included positive statements about the city's method for funding its pension obligations. These statements included that the city's funding method contained a provision to ensure that the pension's funded level would not drop below a certain level to protect the pension plan's financial integrity; that the pension plan's actuary believed that the city's pension funding method was an excellent method for the city; and that the total amount that the city had under-funded its annual pension contribution, or net pension obligation, was funded in a reserve.

The SEC's complaint alleges that these statements were false and misleading because the city's net pension obligation was not funded in a reserve and, in 2002, the pension plan had fallen below a funded level that the actuary deemed appropriate and the actuary no longer supported the city's funding method. The complaint further alleges that Saiz and CJO knew or were reckless in not knowing that the disclosure was false and misleading as a result of information Saiz received from his audits of the city and its pension plan and his review of the city's bond offering documents.

CJO and Saiz also drafted footnotes that disclosed that the city provided health benefits to retirees at a cost of $7.2 million in 2001 and $8.9 million in 2002 and that the expenses for such benefits were recognized as they were paid. The complaint alleges that Saiz and CJO knew or were reckless in not knowing that this disclosure was misleading because it failed to disclose, as Saiz and CJO knew from auditing the city and its pension plan, that the retiree health care expense was being paid with earnings from the pension plan and that the city would soon have to begin paying this substantial expense out of its own budget.

According to the SEC's complaint, Saiz and CJO also audited San Diego's financial statements and issued reports falsely stating that the financial statements were fairly presented in conformity with generally accepted accounting principles (GAAP) and the audits were performed in accordance with generally accepted auditing standards (GAAS). Saiz and CJO also consented to San Diego's including CJO's audit report in its 2002 and 2003 municipal securities offerings. As alleged in the complaint, the false and misleading statements regarding the city's pension obligations were not presented in conformity with GAAP.

The Commission's complaint also alleges that at the time they consented to San Diego's including the audit report in the 2003 offering documents, Saiz and CJO also failed, as required by GAAS, to inquire into the recent substantial increase in the city's obligations to its pension to determine whether the financial statements or the audit report required revision.

Without admitting or denying the allegations in the complaint filed in federal district court in San Diego, Saiz and CJO have consented to the entry of final judgments permanently enjoining them from violating the antifraud provisions of the federal securities laws. Additionally, Saiz has agreed to pay a $15,000 civil penalty.

The Commission previously entered an order sanctioning the City of San Diego for committing securities fraud by failing to disclose to the investing public important information about its pension and retiree health care obligations in the sale of its municipal bonds in 2002 and 2003. To settle the action, the city agreed to cease and desist from future securities fraud violations and to retain an independent consultant for three years to foster compliance with its disclosure obligations under the federal securities laws.

The Commission's investigation is ongoing as to other individuals and entities that may have violated federal securities laws.

NYSE Office In Beijing, China, Officially Opens In Historic Ceremony

China ’s Vice Premier Madame Wu Yi, U.S. Treasury Secretary Henry M. Paulson, Jr., China Securities Regulatory Commission Vice Chairman Tu Guangshao, New York City Mayor Michael R. Bloomberg, U.S. Ambassador to China Clark Randt, and Beijing Vice Mayor Ji Lin today officially inaugurated the New York Stock Exchange’s Beijing office in an historic opening ceremony hosted by NYSE Euronext CEO Duncan L. Niederauer. Joining these officials during the opening ceremony in the Diaoyutai State Guesthouse were the CEOs of NYSE-listed Chinese companies and invited guests.

The NYSE, a subsidiary of NYSE Euronext (NYSE: NYX), on Sept. 4 became the first foreign exchange to obtain approval by the China Securities Regulatory Commission (CSRC) to open a representative office in Beijing .

“We are privileged to have an office in Beijing , which will serve to provide on-the-ground support for our listed companies and strengthen our presence in China ,” said Mr. Niederauer. “This is an historic day for China and the United States , and the opening of our Beijing office highlights the progress in the strategic economic dialogue between our two countries. As a global economic powerhouse, China will continue to develop its capital markets, and we will go forward as partners making this journey together.”

“The NYSE’s historic Beijing office opening is good for Beijing and New York City , as it will enhance the competitiveness of China , the U.S. and the global capital markets,” said Mr. Bloomberg. “Access to global markets helps the free flow of capital that fuels growth, creates jobs and opportunities, and facilitates strategic partnerships. The NYSE’s representative office in Beijing further strengthens the China-U.S. relationship.”

Coinciding with the office opening today, the NYSE launched a Chinese audience page on its website dedicated to online readers in Chinese, available by clicking on nyse.com/China.

The Chinese language audience page has sections for listed companies, with news releases, investor information, CEO profiles, broadcasts of NYSE events, as well as a listed company directory and information on the NYSE.

As part of today’s official office opening celebrations, Mr. Niederauer hosted a lunch and with senior officials, listed company CEOs and other invited guests.

View listed companies from Mainland China.
View listed companies from Hong Kong.
View listed companies from Taiwan.

NYSE Selects HP to Bring Speed to Online Stock Trading System

HP today announced that the New York Stock Exchange (NYSE) has selected HP servers to improve the efficiency of its online stock trading system, the NYSE Hybrid MarketSM.

In a business environment where milliseconds matter, the NYSE Hybrid Market is relying on rack-based HP ProLiant DL585 servers, ProLiant BL685c server blades and Integrity NonStop servers to grow its business by ensuring that its online trading transactions occur with the speed and accuracy customers expect.

“We’re proud that the largest stock exchange in the world chose HP to improve the performance of its IT architecture,” said Paul Miller, vice president, Enterprise Servers and Storage, HP. “HP technology is ideally suited to serve as the backbone for the NYSE Hybrid Market’s IT infrastructure, which routinely handles more than 500 million messages a day.”

HP server technologies are helping the NYSE Hybrid Market adhere to the Securities and Exchange Commission-governed Regulation National Markets System, which is a series of initiatives designed to modernize and strengthen the national market system for equity securities.

HP ProLiant servers deliver the processing power required to manage daily trading volumes that peak or spike at any given time without any execution delays. The servers have reduced the average trade-execution turnaround time from seconds to milliseconds. In addition, HP technology allows customers using the Hybrid Market to automatically trade up to 1 million shares in a single order – up from 1,099. That equals a potential 900-fold improvement in trade volume, which can help improve the NYSE’s bottom line.

“During the past several years, the requirements of investors and securities companies have significantly changed,” said Steve Rubinow, chief information officer, NYSE. “Although order commitment reliability is certainly paramount, users want a trading platform with flawless execution and transaction speed. HP is helping us deliver it all through these dependable server platforms.”

In addition to assisting with its core trading infrastructure, which has been driven by NonStop servers for nearly 30 years, HP has supplied the NYSE with HP StorageWorks XP12000 storage arrays to run the critical applications that keep the trading floor up and running. The arrays connect to the ProLiant DL585, BL685c and Integrity NonStop servers to ensure real-time data is always available.

HP also will use its expertise in Linux to help the NYSE deploy a more flexible and cost-effective operating system for application development, deployment and maintenance.

More information on HP ProLiant servers is available at www.hp.com/go/proliant, on HP BladeSystem at www.hp.com/go/bladesystem, and on HP Integrity NonStop at www.hp.com/go/nonstop.

About HP

HP focuses on simplifying technology experiences for all of its customers – from individual consumers to the largest businesses. With a portfolio that spans printing, personal computing, software, services and IT infrastructure, HP is among the world’s largest IT companies, with revenue totaling $104.3 billion for the four fiscal quarters ended Oct. 31, 2007. More information about HP (NYSE: HPQ) is available at http://www.hp.com.

Thursday, November 15, 2007

NASDAQ Supports New SEC Rules Allowing Non-U.S. Companies to File Financial Statements Using International Financial Reporting Standards

The Nasdaq Stock Market, Inc. ("NASDAQ(r)") (Nasdaq:NDAQ) announced it fully supports the Securities and Exchange Commission's (SEC) decision today to allow non-U.S. companies to file their financial statements with the SEC using International Financial Reporting Standards (IFRS). The SEC's new rules eliminate the need for non-U.S. companies to reconcile their financial statements prepared under IFRS with U.S. Generally Accepted Accounting Principles (U.S. GAAP).

To enable NASDAQ-listed companies to take full advantage of this change, NASDAQ today submitted a proposal to the SEC to allow non-U.S. companies to satisfy NASDAQ's financial listing requirements using IFRS. NASDAQ's filing will be subject to public comment and must be approved by the SEC.

"The SEC's action will help increase the attractiveness of the U.S. as a place to raise capital," said Bruce Aust, Executive Vice President of NASDAQ's Corporate Client Group. "It removes unnecessary costs and steps that create barriers to attracting international companies. The SEC's decision clearly communicates that the U.S. markets are dedicated to wringing the cost and inefficiency out of doing business in the U.S."

About NASDAQ

NASDAQ is the largest U.S. equities exchange. With approximately 3,100 companies, it lists more companies and, on average, trades more shares per day than any other U.S. market. It is home to companies that are leaders across all areas of business including technology, retail, communications, financial services, transportation, media and biotechnology. NASDAQ is the primary market for trading NASDAQ-listed stocks as well as a leading liquidity pool for trading NYSE-listed stocks. For more information about NASDAQ, visit the NASDAQ Web site at www.nasdaq.com

The DIRECTV Group Announces Switch to The Nasdaq Stock Market

The DIRECTV Group today announced that it will switch its stock exchange listing from The New York Stock Exchange to The Nasdaq Stock Market, effective December 3. DIRECTV will be listed on The NASDAQ Global Select Market and trade on the exchange with the ticker symbol Nasdaq:DTV.

"Our switch to NASDAQ was driven by our desire to achieve greater value for our investors," said Jon Rubin, senior vice president of Financial Planning and Investor Relations for The DIRECTV Group, Inc. "We believe that NASDAQ's vision for leadership coupled with its market structure and vast product offerings will allow for improved service for us and our investors while simultaneously reducing our costs."

"Companies that list on NASDAQ share a common goal of being visionaries within their sectors; moving beyond old ways of doing business and leading through innovation," commented Bruce Aust, executive vice president of The Nasdaq Stock Market's Corporate Client Group. "DIRECTV embodies this strategic vision and is an example of a company meeting their investor needs. We are proud to have DIRECTV list on The NASDAQ Global Select, the market with the highest listing standards in the world. DIRECTV is joining a diverse group of 3,100 companies listed on our exchange such as Starbucks, Whole Foods, Staples, Charles Schwab, and Google and we wish them continued success," added Mr. Aust.

About The DIRECTV Group

The DIRECTV Group is a world-leading provider of digital television entertainment services. Through its subsidiaries and affiliated companies in the United States, Brazil, Mexico and other countries in Latin America, the DIRECTV Group provides digital television service to more than 16.6 million customers in the United States and over 4.6 million customers in Latin America.

About NASDAQ

NASDAQ is the largest U.S. equities exchange. With approximately 3,100 companies, it lists more companies and, on average, trades more shares per day than any other U.S. market. It is home to companies that are leaders across all areas of business including technology, retail, communications, financial services, transportation, media and biotechnology. NASDAQ is the primary market for trading NASDAQ-listed stocks as well as a leading liquidity pool for trading NYSE-listed stocks. For more information about NASDAQ, visit the NASDAQ Web site at www.nasdaq.com

New York Stock Exchange Has Halted Trading of Florida Rock Industries, Inc. (FRK)

The New York Stock Exchange announced that the trading halt in the common stock of Florida Rock Industries, Inc. – ticker symbol FRK – will continue pending the disclosure of the final results of the cash and stock election pursuant to the merger with Vulcan Materials Company – ticker symbol VMC. Vulcan has advised the NYSE that an election has been received relating to substantially all of Florida Rock’s outstanding shares.

The Form of Election expired at the close of business November 14, 2007 . The notice of guaranteed delivery is expected to expire on November 19, 2007 at 5:00 p.m. Eastern Standard Time.

Pitney Bowes Board Declares Common, Preference and Preferred Stock Dividends

The Board of Directors of Pitney Bowes Inc. (NYSE: PBI) declared a quarterly cash dividend on the company’s common stock of 35 cents per share, payable March 12, 2008, to stockholders of record on February 18, 2008; a quarterly cash dividend of 53 cents per share on the company’s $2.12 convertible preference stock, payable April 1, 2008, to stockholders of record March 14, 2008, and a quarterly cash dividend of 50 cents per share on the company’s 4 percent convertible cumulative preferred stock, payable May 1, 2008, to stockholders of record April 15, 2008.

Pitney Bowes is a mailstream technology company that helps organizations manage the flow of information, mail, documents and packages. Our 35,000 employees deliver technology, service and innovation to more than two million customers worldwide. The company was founded in 1920 and annual revenues now total $6.0 billion. More information is available at www.pb.com.

Intel Announces 13 Percent Increase in Cash Dividend

Intel Corporation today announced that its board of directors has approved a 13 percent increase in the quarterly cash dividend to 12.75 cents per share beginning with the dividend that will be declared in the first quarter of 2008.

"Intel's product and technology leadership, the company's focus on growth and the success of more streamlined operations have put Intel in an extremely strong position, now and for the future," said Intel President and CEO Paul Otellini. "Even with one of the highest dividend yields in the technology industry, Intel's cash generating capability allows us to again increase the dividend as a signal in our faith in the future and to reward shareholders."

Intel began paying a cash dividend in 1992 and has paid out approximately $8.9 billion to its stockholders over the past 60 quarters (through the third quarter of 2007). The Intel dividend rate was last increased in November 2006, effective with the first-quarter 2007 dividend.

The above statements and any others in this document that refer to plans and expectations for 2008 and the future are forward-looking statements that involve a number of risks and uncertainties. Many factors could affect Intel's actual results, and variances from Intel's current expectations regarding such factors could cause actual results to differ materially from those expressed in these forward-looking statements. Intel presently considers the factors set forth below to be the important factors that could cause actual results to differ materially from the corporation's published expectations:

  • Intel operates in intensely competitive industries that are characterized by a high percentage of costs that are fixed or difficult to reduce in the short term, significant pricing pressures, and product demand that is highly variable and difficult to forecast. Additionally, Intel is in the process of transitioning to its next generation of products on 45nm process technology, and there could be execution issues associated with these changes, including product defects and errata along with lower than anticipated manufacturing yields. Revenue and the gross margin percentage are affected by the timing of new Intel product introductions and the demand for and market acceptance of Intel's products; actions taken by Intel's competitors, including product offerings and introductions, marketing programs and pricing pressures and Intel's response to such actions; Intel's ability to respond quickly to technological developments and to incorporate new features into its products; and the availability of sufficient components from suppliers to meet demand. Factors that could cause demand to be different from Intel's expectations include customer acceptance of Intel's and competitors' products; changes in customer order patterns, including order cancellations; changes in the level of inventory at customers; and changes in business and economic conditions, including conditions in the credit market that could affect consumer confidence and result in lower than expected demand for our products.

  • The gross margin percentage could vary significantly from expectations based on changes in revenue levels; product mix and pricing; capacity utilization; variations in inventory valuation, including variations related to the timing of qualifying products for sale; excess or obsolete inventory; manufacturing yields; changes in unit costs; impairments of long-lived assets, including manufacturing, assembly/test and intangible assets; and the timing and execution of the manufacturing ramp and associated costs, including start-up costs.

  • Expenses, particularly certain marketing and compensation expenses, vary depending on the level of demand for Intel's products, the level of revenue and profits, and impairments of long-lived assets.

  • Intel is in the midst of a structure and efficiency program that is resulting in several actions that could have an impact on expected expense levels and gross margin.

  • The tax rate expectation is based on current tax law and current expected income. The tax rate may be affected by the closing of acquisitions or divestitures; the jurisdictions in which profits are determined to be earned and taxed; changes in the estimates of credits, benefits and deductions; the resolution of issues arising from tax audits with various tax authorities, including payment of interest and penalties; and the ability to realize deferred tax assets.

  • Gains or losses from equity securities and interest and other could vary from expectations depending on fixed income and equity market volatility; gains or losses realized on the sale or exchange of securities; gains or losses from equity method investments; impairment charges related to marketable, non-marketable and other investments; interest rates; cash balances; and changes in fair value of derivative instruments.

  • Intel's results could be affected by the amount, type, and valuation of share-based awards granted as well as the amount of awards cancelled due to employee turnover and the timing of award exercises by employees.

  • Dividend declarations and the dividend rate are at the discretion of Intel's board of directors, and plans for future dividends may be revised by the board. Intel's dividend program could be affected by changes in Intel's operating results, its capital spending programs, changes in its cash flows and changes in the tax laws, as well as by the level and timing of acquisition and investment activity.

  • Intel's results could be impacted by adverse economic, social, political and physical/infrastructure conditions in the countries in which Intel, its customers or its suppliers operate, including military conflict and other security risks, natural disasters, infrastructure disruptions, health concerns and fluctuations in currency exchange rates.

  • Intel's results could be affected by adverse effects associated with product defects and errata (deviations from published specifications), and by litigation or regulatory matters involving intellectual property, stockholder, consumer, antitrust and other issues, such as the litigation and regulatory matters described in Intel's SEC reports.



A detailed discussion of these and other factors that could affect Intel's results is included in Intel's SEC filings, including the report on Form 10-Q for the quarter ended September 29, 2007.

Wednesday, November 14, 2007

Chevron to Pay $30 Million to Settle Charges For Improper Payments to Iraq Under U.N. Oil For Food Program

The Securities and Exchange Commission today charged Chevron Corporation for its role in illegal kickback payments that were made to Iraq in 2001 and 2002 in connection with the company's purchases of crude oil under the U.N. Oil for Food Program.

Chevron, based in San Ramon, Calif., agreed to pay $30 million to settle the charges brought under the Foreign Corrupt Practices Act (FCPA) without admitting or denying the SEC's allegations.

The U.N. Oil for Food Program was intended to provide humanitarian relief to the Iraqi people while Iraq was subject to international trade sanctions. According to the Commission's complaint, third parties under contract with Chevron made approximately $20 million in illicit payments that bypassed the Oil for Food escrow account and were paid directly to Iraqi-controlled bank accounts in Jordan and Lebanon. The SEC alleged that Chevron knew, or should have known, that third parties were using portions of the premiums they received from Chevron's oil purchases to pay illegal surcharges to Iraq. The SEC also alleged that Chevron failed to devise and maintain a system of internal accounting controls to detect and prevent such illicit payments, and Chevron's accounting for its Oil for Food transactions failed to properly record the true nature of the company's payments to third parties.

"This is the Commission's fifth action against a company for participating in the Oil for Food kickback scheme and demonstrates our continuing commitment to combating violations of the Foreign Corrupt Practices Act," said Linda Chatman Thomsen, Director of the SEC's Division of Enforcement.

Cheryl Scarboro, an Associate Director in the Division of Enforcement, added, "The Commission will continue to vigorously enforce the books and records and internal controls provisions of the Foreign Corrupt Practices Act to combat illicit kickbacks."

According to the Commission's complaint, filed in the U.S. District Court for the Southern District of New York, Chevron learned of surcharge demands by Iraq's State Oil Marketing Organization (SOMO) in January 2001 and adopted a company-wide policy prohibiting their payment. The policy required traders to obtain prior written approval for all proposed Iraqi oil purchases and charged management with reviewing each proposed Iraqi oil deal.

Chevron subsequently purchased approximately 78 million barrels of crude oil from Iraq pursuant to 36 contracts with third parties from April 17, 2001, through May 6, 2002. In doing so, the Commission alleges, Chevron's traders failed to follow the company-wide policy and Chevron's management did not ensure compliance. Despite being required to consider the identity, experience and reputation of a third-party seller prior to approving a proposed Iraqi oil purchase, Chevron's management relied on its traders' representations.

In one instance, a credit check by Chevron of a proposed third-party seller revealed that the seller was a "brass plate company." This meant that the company had no experience in the oil business, no real business operations, and no known assets. Despite concerns on the part of Chevron's management, Chevron entered into two transactions to purchase three million barrels of oil from the third party in January 2002. Illegal surcharges were paid on both of these transactions and passed back to Chevron in inflated premiums that Chevron paid to the third party.

Also according to the SEC's complaint, a third-party seller whose company occasionally sold oil to Chevron stated that the trader he dealt with at Chevron and the trader's bosses always knew about the illegal surcharge demands by Iraq. The Chevron trader asked the third-party seller to persuade Iraq to reduce the amount of its surcharges. Despite Chevron's premium payments to third parties increasing after Iraq's surcharge demands began, Chevron's management routinely approved the Iraqi oil purchases proposed by its traders.

Chevron consented to the entry of a final judgment permanently enjoining it from future violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934, and ordering it to disgorge $25 million in profits and pay a $3 million civil penalty. Chevron also will pay the Office of Foreign Asset Controls of the U.S. Department of Treasury a penalty of $2 million. Chevron will satisfy its disgorgement obligation by forfeiting $20 million pursuant to an agreement with the U.S. Attorney's Office for the Southern District of New York and paying disgorgement of $5 million pursuant to an agreement with the Manhattan District Attorney's Office.

The Commission acknowledges the assistance of the U.S. Attorney's Office for the Southern District of New York, the Manhattan District Attorney's Office, the Office of Foreign Asset Controls at the U.S. Department of Treasury, and the United Nations Independent Inquiry Committee. The Commission also acknowledges Chevron's cooperation in the investigation. The SEC's Oil for Food investigation is continuing.

Symbian Acquires Personnel and Technology from Beijing Genesis Interactive Technology as part of Global R&D Strategy

Symbian Limited, today announced the acquisition of personnel and technology from Beijing Genesis Interactive Technology Co. Ltd. (‘MoGenesis’), a leading developer of smart OS mobile applications for the Chinese market. The acquisition is part of Symbian’s commitment and strategic growth in the Chinese market, significant to the continuous development of Symbian OS™, the market-leading open operating system for advanced data-enabled mobile phones known as smartphones.

Joining Symbian Software Beijing Co. Limited will be the engineers and management team of MoGenesis, including the CEO, Dennis Kung, who has been appointed as the new General Manager for Symbian in China, spearheading Symbian product development in the region. The team brings years of accomplished engineering experience within mobile platforms including Symbian OS and essential product creation capability that will help accelerate Symbian’s R&D operations in Beijing.

Symbian OS is licensed to the world’s leading handset manufacturers and to date, over 165 million Symbian smartphones have shipped worldwide to over 250 major network operators. During the third quarter of 2007, Symbian continued to lead the global smartphone market, with its licensees shipping 20.4 million Symbian smartphones worldwide resulting in a healthy growth of 56% since the third quarter of 2006.

Commenting on the acquisition, Nigel Clifford, Chief Executive, Symbian, said, ‘The acquisition will play a key role in Symbian’s global R&D strategy for our world-leading customers. China is one of the fastest growing markets for smartphones in the world and we will leverage our new Chinese resources to increase Symbian OS global product development. Symbian achieved 60% smartphone OS market share in China with 77% year on year growth, according to one analyst (Canalys) in Q207. We intend to continue growing our sales and our presence in this very vibrant market.’

Dennis Kung has an impressive track record within the high-tech industry. Before founding MoGenesis, he held two senior management positions at Microsoft Corporation where he worked for eleven years. In addition, Mr. Kung worked as a technical consultant for Andersen Consulting (known as Accenture) in the United States.

Dennis Kung, said, ‘My team and I are extremely excited to be part of Symbian’s long term vision in China. With its market leading position, Symbian is able to provide world-class career prospects for my engineers and for new recruits in Beijing. We welcome Symbian’s plans for strategic development and feel confident we can succeed in contributing our unique expertise to the company’s global success.’

Symbian opened its new sales and marketing office in Beijing in January 2007, later adding its new R&D centre in August 2007. Symbian Software Beijing is playing a vital role in Symbian’s strategy for sustained global leadership, whilst deepening its engagement with local customers and partners.

Monday, November 12, 2007

HP to Expand Data Center Services with Acquisition of Global Consulting Company EYP Mission Critical Facilities

HP today announced that it has signed a definitive agreement to acquire EYP Mission Critical Facilities Inc. (EYP MCF), a consulting company specializing in strategic technology planning, design and operations support for large-scale data centers.

By acquiring EYP MCF, HP will be better able to help customers to transform their data centers, optimize energy efficiency and position them for future business growth. Financial terms of the transaction were not disclosed.

Headquartered in New York, EYP MCF has approximately 350 employees with 13 offices in the United States and the U.K. The firm provides mission-critical services to enterprises around the world in business sectors including financial services, telecommunications, technology, broadcast, manufacturing and healthcare, as well as numerous federal, state and county government agencies.

From data centers and command and control centers, to trading floors and supercomputing sites, EYP MCF has designed hundreds of technology-intensive, high-performance facilities where monitoring, operational and energy efficiencies are top-priority business requirements.

EYP MCF’s capabilities – particularly its expertise in energy-efficient operations – complement HP’s extensive Data Center Services and cost-saving power and cooling solutions, such as Dynamic Smart Cooling.

“The data center is the foundation of IT for enterprises, an essential building block for driving business growth and adapting to changing business objectives,” said John McCain, senior vice president and general manager, HP Services. “Acquiring EYP Mission Critical Facilities boosts HP’s ability to help customers transform their data centers and build dynamic computing environments from the ground up.”

Peter Gross, chief executive officer of EYP MCF, said, “Worldwide data center requirements are rapidly growing, with significant year-over-year increases in power consumption, which is fueling demand for energy-efficient power and cooling strategies. HP and EYP Mission Critical Facilities will drive innovation by integrating IT infrastructure into the planning and design of the data center, enabling the customer’s whole organization to be more energy efficient and adaptive.”

The transaction is subject to certain closing conditions and is expected to be completed within HP’s first fiscal quarter.

Dell Completes Acquisition of ASAP Software

Dell announced today that it has completed the acquisition of ASAP Software, a leading software solutions and licensing services provider and a former subsidiary of Corporate Express.

The acquisition will help simplify information technology by combining Dell’s reach as a leading supplier of commercial technology and services and ASAP’s expertise in software licensing and asset management. Dell is strengthening its software business by integrating ASAP’s complementary expertise in managing software licensing, purchasing, renewals, and compliance.

The purchase price was approximately $340 million.

“The completion of this acquisition, which is strategically significant for Dell, represents another important step in our initiative to help our customers use technology to innovate and grow,” said Paul Bell, president, Dell Americas. “We believe we have a unique and compelling offering for our customers and an opportunity to make a significant impact on the IT industry.”

The two companies will be combining to develop and implement customer-focused solutions designed to make technology more efficient, manageable and flexible. The acquisition of ASAP extends Dell’s long-term initiative to simplify IT for customers by removing cost and complexity.

In recent months, the company has announced several other initiatives to support IT simplification, including Dell On-Demand Desktop Streaming, which provides tighter security, easier manageability and better reliability in desktop environments, and Unified Communications, which helps customers reduce complexity and improve their productivity with myriad communications options. Dell’s Data Center Solutions Division is addressing the unique needs of hyper-scale data centers for customers whose businesses rely on enterprise computing solutions. Additionally, Dell’s recent acquisition of SilverBack Technologies, Inc., a service delivery platform provider, and announced plan to acquire EqualLogic, a leading provider of high-performance iSCSI storage area network (SAN) solutions, further underscore Dell’s commitment to simplify IT.

ASAP provides products and services to help corporations and government agencies evaluate, acquire, and manage IT assets. Its subsidiary, License Technologies Group, specializes in licensing and e-commerce services for software publishers and their partners.

“Our expertise in software licensing solutions and our legacy of delivering a high level of customer satisfaction has been the foundation of our business,” said Paul Jarvie, ASAP president. “We’re excited about the opportunity to broaden our reach and to provide our unique capabilities to serve an expanded group of customers.”

Additional information on Dell’s IT simplification efforts can be found at www.dell.com/simplify.

Microsoft Intends to Acquire Musiwave

Microsoft Corp. today announced it has entered into an exclusivity agreement around its intention to acquire Musiwave SA, an Openwave company and a leading provider of mobile music entertainment services to operators and media companies. The acquisition would bring Musiwave’s relationships with music labels, device makers and mobile operators that deliver digital entertainment to consumers, together with Microsoft’s Connected Entertainment technologies and services, including Windows Mobile, Zune, MSN and Windows Live. Should the transaction proceed, Musiwave would continue to operate out of its current headquarters in Paris.

“Microsoft and Musiwave share the same philosophy in working with hardware and mobile operator partners to deliver great experiences for mobile device users,” said Pieter Knook, senior vice president of the Mobile Communications Business at Microsoft. “Bringing Musiwave on board would provide an opportunity for Microsoft to explore new areas in the mobile space previously untapped, and to showcase the power of software plus services. This contemplated acquisition reflects Microsoft’s recognition of the software and technology expertise in Europe.”

“Musiwave would bring key assets to us as we continue to bring our vision of Connected Entertainment to life,” said J Allard, corporate vice president in charge of music at Microsoft. “Its software expertise and extensive relationships with operators and music companies would help us take our products and services to the next level, giving people access to whatever entertainment content they want, whenever and however they want it.”

Today, Microsoft mobile technology runs on a variety of mobile platforms, featured on more than 140 mobile phones made by 50 handset-makers, sold by more than 160 mobile operators around the world.

Demand for Mobile Music Services Drives Innovation

Today, the mobile music device market is growing at a rapid rate. According to technology research firm Ovum, 1,106 million mobile music phones will be shipped worldwide in 2010. Mobile operators are continually looking for ways to deliver digital entertainment to their customers, and have looked to companies such as Musiwave to deliver music services that help provide the necessary infrastructure. As a provider of white-label music solutions to mobile operators in Europe, Musiwave has helped to bring a rich selection of millions of ringtones, full-track downloads and music videos to consumers.

Musiwave also has a rich history of working with a wide variety of device-makers, across a diverse group of software platforms that produce music and data-capable mobile devices. Today, software developed by Musiwave can be found on most handsets available in Europe.

About Musiwave

Musiwave, an Openwave company (Openwave Systems Inc. NASDAQ: OPWV), is a leading provider of mobile music entertainment solutions, including software, marketing and content management, to operators and media companies worldwide. For more information, please visit www.musiwave.net.

IBM to Acquire Cognos to Accelerate Information on Demand Business Initiative

IBM (NYSE: IBM) and Cognos® (NASDAQ: COGN) (TSX: CSN) today announced that the two companies have entered into a definitive agreement for IBM to acquire Cognos, a publicly-held company based in Ottawa, Ontario, Canada, in an all-cash transaction at a price of approximately $5 billion USD or $58 USD per share, with a net transaction value of $4.9 billion USD. The acquisition is subject to Cognos shareholder approval, regulatory approvals and other customary closing conditions. It is expected to close in the first quarter of 2008.

The acquisition of Cognos supports IBM's Information on Demand strategy, a cross-company initiative announced on February 16, 2006 that combines IBM's strength in information integration, content and data management and business consulting services to unlock the business value of information. Integrating Cognos, the 23rd IBM acquisition in support of its Information on Demand strategy, will enable new business insights to be delivered to a broader set of people across an organization, beyond the traditional users of business intelligence.

IBM said the acquisition fits squarely within both its acquisition strategy and capital allocation model, and that it will contribute to the achievement of the company’s objective for earnings-per-share growth through 2010.

“Customers are demanding complete solutions, not piece parts, to enable real-time decision making," said Steve Mills, senior vice president and group executive, IBM Software Group. "IBM has been providing Business Intelligence solutions for decades. Our broad set of capabilities – from data warehousing to information integration and analytics – together with Cognos, position us well for the changing Business Intelligence and Performance Management industry. We chose Cognos because of its industry-leading technology that is based on open standards, which complements IBM's Service Oriented Architecture strategy.”

Together, IBM and Cognos will become the leading provider of technology and services for Business Intelligence (BI) and Performance Management, delivering the industry’s most complete, open standards-based platform with the broadest range of expertise to help companies expand the value of their information, optimize their business processes and maximize performance across their enterprises.

The acquisition of Cognos accelerates IBM’s global Information on Demand initiative to unlock the business value of information for our customers. IBM will provide broader reach for Cognos solutions across multiple industries and geographies with a more complete set of offerings, including consulting services, hardware, and other middleware software.

Cognos provides the only complete BI and performance management platform, fully integrated on an open-standards-based service oriented architecture (SOA), and has a strong history of supporting heterogeneous application environments, consistent with IBM’s approach. With Cognos, customers can turn data into actionable insight for coordinated, information-driven decision-making to improve overall performance. Cognos will also extend IBM’s reach further into the CFO office with powerful financial planning and consolidation capabilities.

“This is an exciting combination for our customers, partners, and employees. It provides us with the ability to expand our vision as the leading BI and Performance Management provider,” said Rob Ashe, president and chief executive officer, Cognos. “IBM is a perfect complement to our strategy, with minimal overlap in products, a broad range of technology synergies, and the resources, reach, and world-class services to accelerate this vision. Furthermore, this combination allows Cognos customers to leverage a broader set of solutions from IBM to advance their information management driven initiatives.”

Together, IBM and Cognos will expand IBM’s ability to provide customers with the right information they need when they need it, to optimize operational performance, and to quickly respond to changing market demands. The combination of IBM’s information management technology and Cognos will also help organizations discover new ways to use trusted information spread across their enterprises to identify new business opportunities and significantly reduce the expense and time required to address industry-specific business challenges.

Following completion of the acquisition, IBM intends to integrate Cognos as a group within IBM's Information Management Software division, focused on Business Intelligence and Performance Management. IBM also will appoint current Cognos President and CEO, Rob Ashe, to lead the group, reporting directly to General Manager, Ambuj Goyal.

Cognos has approximately 4,000 employees worldwide and serves more than 25,000 customers. IBM and Cognos have partnered for more than 15 years, with extensive technical integrations and eight pre-integrated joint solutions already supporting many joint customers, such as New York City Police Department, Blue Cross and Blue Shield of Tennessee, Canadian Tire, MetLife, and Bayer UK.

Other strategic acquisitions in support of IBM’s Information on Demand initiative include Princeton Softech (data archiving and compliance), FileNet (enterprise content management), Ascential Software (information integration), DataMirror (changed data capture), SRD (entity analytics), Trigo (product information management), DWL (customer information management) and Alphablox (analytics).

More information on IBM’s acquisition of Cognos is available on IBM’s investor Web site at: http://www.ibm.com/investor/viewpoint/ircorner/2007/07-11-12-1.phtml.

About IBM

For more information about IBM’s Information on Demand strategy, go to: http://www.ibm.com/software/data/information-on-demand/ . Additional details about the combination of IBM and Cognos are available at: http://www.ibm.com/software/data/info/cognos

About Cognos

For more information, visit the Cognos Web site at: http://www.cognos.com/

Information About the Transaction

The transaction will be completed through a plan of arrangement, which will require the approval of shareholders representing two thirds of the shares cast. Shareholders will be asked to vote on the transaction at a special meeting, the details of which will be announced in due course.

The transaction has been unanimously approved by the board of directors of Cognos following delivery of a fairness opinion, which will be included in a proxy circular to be prepared and mailed to Cognos shareholders over the coming weeks providing shareholders with important information about the transaction. A material change report, which provides more details on the transaction, will be filed with the Canadian provincial securities regulatory authorities and with the U.S. Securities and Exchange Commission and will be available at www.sedar.com and at www.sec.gov.

Friday, November 9, 2007

Novell Settles One Antitrust Claim with Microsoft for $536 Million, Plans to File Suit on Second Claim

Novell today announced an agreement with Microsoft to settle potential antitrust litigation related to Novell's NetWare operating system in exchange for $536 million in cash. Novell also announced that by the end of this week it will file an antitrust suit against Microsoft in the United States District Court in Utah seeking unspecified damages in connection with alleged harm to Novell’s WordPerfect application software business in the mid-1990s.

Under terms of the settlement, in exchange for the cash payment, Novell has agreed to a general release of claims that it has as of the date of the agreement, with certain exclusions that include patent claims and claims associated with Novell's WordPerfect business. The agreement also includes a release by Microsoft of claims that would have been compulsory counterclaims to the NetWare claims asserted by Novell. Finally, Novell has agreed to withdraw its intervention in the European Commission’s case with Microsoft.

“We are pleased that we have been able to resolve a portion of our pending legal issues with Microsoft,” said Joseph A. LaSala, Jr., Novell's senior vice president and general counsel. “This is a significant settlement, particularly since we were able to achieve our objectives without filing expensive litigation. While we have agreed to withdraw from the EU case, we think our involvement there has been useful, as it has assisted the European proceedings and facilitated a favorable settlement with Microsoft. With the EU case now on appeal, we are comfortable with our decision to withdraw from the proceeding. There is simply not much left for us to do.

“We regret that we cannot make a similar announcement regarding our antitrust claims associated with the WordPerfect business. We have had extensive discussions with Microsoft to resolve our differences, but despite our best efforts, we were unable to agree on acceptable terms. We intend to pursue our claims aggressively toward a goal of recovering fair and considerable value for the harm caused to Novell's business,” LaSala said.

The WordPerfect suit that Novell will file seeks unspecified damages arising from Microsoft's efforts to eliminate competition in the office productivity applications market during the time that Novell owned the WordPerfect word-processing application and the Quattro Pro spreadsheet application. The suit is based in part on facts proved by the United States Government in its successful antitrust case against Microsoft. In that suit, Microsoft was found to have unlawfully maintained a monopoly in the market for personal computer operating systems by eliminating competition in related markets.

GE Provides $225 Million Credit Facility to United Agri Products, Inc., the Largest Independent Distributor of Agricultural and Non-Crop Inputs

GE Commercial Finance’s Global Sponsor Finance business today announced it served as administrative agent for a $225 million term loan Add-on facility to United Agri Products, Inc. GE Capital Markets served as sole lead arranger and sole bookrunner.

The Add-on provides additional liquidity to fund future acquisitions and capital expansion opportunities for UAP’s growth strategies.

UAP is the largest independent distributor of agricultural and non-crop inputs in the United States and Canada. The Company markets a comprehensive line of products including chemicals, seed, and fertilizer to growers and regional dealers. As part of the Company's product offering, it provides a broad array of value-added services including crop management, biotechnology advisory services, custom blending, inventory management and custom applications of crop inputs.

“Once again it was our pleasure to work closely with UAP and their outstanding management team,” said Tony McCord, Managing Director at GE Global Sponsor Finance. “Our team quickly and reliably delivered a capital structure in very uncertain markets, and upsized the Add-on facility from $150 million to $225 million. Given today’s capital markets, it is a true testament to UAP’s financial performance and standing in the market.”

Dennis Roerty, UAP’s Treasurer said, “Given our operational momentum in recent years, we expect this successful Add-on to support our current growth strategy. We appreciate how GE has proven that it is responsive and supportive of UAP and our management team’s plans for growth.”

About United Agri Products, Inc.

UAP is the largest independent distributor of agricultural and non-crop products in the United States and Canada. The Company markets a comprehensive line of products, including chemicals, fertilizer, and seed to farmers, commercial growers, and regional dealers. UAP also provides a broad array of value-added services, including crop management, biotechnology advisory services, custom fertilizer blending, seed treatment, inventory management, and custom applications of crop inputs. UAP maintains a comprehensive network of approximately 370 distribution and storage facilities and three formulation plants, strategically located in major crop-producing areas throughout the United States and Canada. Additional information can be found on the Company's website, www.uap.com.

About GE Commercial Finance, Global Sponsor Finance

With over $8 billion in assets, and offices in Boston, Chicago, Dallas, London, Los Angeles, New York, and San Francisco, GE Commercial Finance, Global Sponsor Finance represents a “one-stop ” source for the comprehensive range of GE’s lending and other structured financial services offered to the private equity sponsor market. For more information, please visit www.gegsf.com.

About GE Commercial Finance

GE Commercial Finance, which offers businesses around the globe an array of financial products and services, has assets of over $250 billion and is headquartered in Norwalk Connecticut. GE (NYSE: GE) is Imagination at Work – a diversified technology, media and financial services company focused on solving some of the world’s toughest problems. With products and services ranging from aircraft engines, power generation, water processing and security technology to medical imaging, business and consumer financing, media content and advanced materials, GE serves customers in more than 100 countries and employs more than 300,000 people worldwide. For more information, visit the company’s website at www.ge.com.

China Nepstar Chain Drugstore Ltd. Celebrates IPO on NYSE

China Nepstar Chain Drugstore Ltd., the largest retail drugstore chain in China based on the number of directly operated stores, today opened for trading on the New York Stock Exchange under the ticker symbol “NPD” after its successful IPO in which it raised $334 million.

"China Nepstar Chain Drugstore Ltd. is a welcome addition to our fast-growing family of Chinese listed companies," said NYSE Euronext CEO John A. Thain. "NYSE Euronext looks forward to providing China Nepstar Chain Drugstore Ltd. and its shareholders with the superior services, market quality and brand visibility provided by listing on NYSE Euronext markets."

To celebrate today’s special occasion, China Nepstar Chain Drugstore Ltd. Chairman Simin Zhang rang today’s opening bell, joined by Nepstar CEO Jiannong Qian, Nepstar CFO Andrew Weiwen Chen, and NYSE Euronext CEO John A. Thain.

Background on NYSE Euronext-China:

China Nepstar Chain Drugstore Ltd. is the first Chinese Mainland pharmaceutical retailer to be listed on the Exchange.
The NYSE now has 47 companies listed from the Greater China Region, including 35 from Mainland China , 7 from Hong Kong , and 5 from Taiwan .
Year to date, the NYSE listed 16 companies from Greater China. The listing of China Nepstar Chain Drugstore Ltd. represents the 15th NYSE listing from Mainland China in 2007 to date.
The total global market capitalization of the 35 NYSE-listed Chinese companies from the mainland is $1.1 Trillion, and for the 47 companies from greater China , $1.6 Trillion.


China Nepstar Chain Drugstore Ltd. (NYSE: NPD)

China Nepstar chain drugstore is the largest retail drugstore chain in China based on the number of directly operated stores. As of September 30, 2007 , its store network was comprised of 1791 directly operated drugstores located in 62 cities in China .

Nepstar provides customers with high quality professional and convenient pharmacy services and a wide variety of other merchandise. Nepstar also offers products under its own brand names.

Nepstar stores are generally located in well-established residential communities and prime retail locations in major cities in China 's coastal and adjoining provinces. Nepstar has established leading market positions in a number of the most developed cities in China , including Shenzhen, Guangzhou , Dalian , Hangzhou , Ningbo , Suzhou and Kunming .

About NYSE Euronext (NYSE: NYX)

NYSE Euronext, a holding company created by the combination of NYSE Group, Inc. and Euronext N.V., commenced trading on April 4, 2007 . NYSE Euronext (NYSE Euronext: NYX) operates the world’s largest and most liquid exchange group and offers the most diverse array of financial products and services. NYSE Euronext, which brings together six cash equities exchanges in five countries and six derivatives exchanges in six countries, is a world leader for listings, trading in cash equities, equity and interest rate derivatives, bonds and the distribution of market data. Representing a combined $30.3 trillion/€21.3 trillion total market capitalization of listed companies and average daily trading value of approximately $139 billion/€103 billion (as of September 30, 2007), NYSE Euronext seeks to provide the highest standards of market quality and integrity, innovative products and services to investors, issuers, and all users of its markets.

Tuesday, October 23, 2007

Oracle Delivers Letter to Board of BEA Systems

Oracle Corporation (NASDAQ: ORCL) today announced that it had delivered a letter to the board of directors of BEA Systems, Inc. (NASDAQ: BEAS). The text of the letter follows:
October 23, 2007
Board of Directors
BEA Systems, Inc.
2315 North First Street
San Jose, CA 95131

Dear Members of the Board of Directors:

Last night we were told by Bill Klein, Vice President-Business Planning and Development (speaking on behalf of the board), that BEA's board again rejected our proposed price of $17 per share in cash. The board has refused to meet with us since we made our October 9th proposal.

Oracle urges the BEA board of directors to let BEA's shareholders decide: sign an acquisition agreement with Oracle and allow the shareholders to vote. Oracle believes that our $17 per share price is generous and there are no offers for BEA above $17 per share. $17 per share represents:

* a 21% premium to BEA's closing price of $14.05 on the date before we made our proposal;
* a 31.5% premium to $12.93, the 52-week average before our proposal;
* a 44% premium to $11.77, BEA's stock price on the date immediately prior to the date that activist shareholders disclosed their position in BEA; and
* a price higher than BEA's 5-year high before our proposal.

Oracle has no interest in a long, drawn-out process to acquire BEA. If the BEA board refuses to execute an acquisition agreement and refuses to let their shareholders vote, then our $17 per share proposal to acquire BEA will expire at 5 p.m., PDT, on Sunday, October 28, 2007.

Sincerely,

ORACLE CORPORATION
/s/ Charles Phillips
Charles Phillips
President

Wednesday, October 10, 2007

Component Changes Made To Dow Jones STOXX And Dow Jones Indexes Following ABN Amro Takeover By Royal Bank of Scotland, Fortis and Santander

STOXX Ltd., the leading European index provider, and Dow Jones Indexes, a leading global index provider, today announced changes in several Dow Jones STOXX and Dow Jones indexes.

ABN AMRO (Netherlands, Banks, ABN; 30110.AE) will be deleted from the Dow Jones STOXX 50, the Dow Jones EURO STOXX 50, Dow Jones STOXX 600, Dow Jones EURO STOXX Select Dividend 30, Dow Jones Netherlands Titans 30, Dow Jones Banks Titans 30, Dow Jones EPAC Select Dividend and Dow Jones Netherlands Select Dividend 15 indexes. The changes occur due to the takeover of ABN AMRO by Royal Bank of Scotland, Fortis and Santander.

In the Dow Jones STOXX 50 Index ABN AMRO will be replaced by ARCELORMITTAL (Luxemburg, Basic Resources, MT; MT.AE).

In the Dow Jones EURO STOXX 50 Index ABN AMRO will be replaced by DEUTSCHE BOERSE AG (Germany, Financial Services, DB1.XE).

In the Dow Jones STOXX 600 Index and the respective sector indexes ABN AMRO will be replaced by BOSKALIS WESTMINSTER N.V. (Netherlands, Construction & Materials, BOKA.AE).

In the Dow Jones EURO STOXX Select Dividend 30 Index ABN AMRO will be replaced by DEUTSCHE POST AG (Germany, Industrial Goods & Services, DPW.XE).

In the Dow Jones Netherlands Titans 30 Index ABN AMRO will be replaced by TELE ATLAS N.V. (Netherlands, Media, 23394.AE).

In the Dow Jones Banks Titans 30 Index ABN AMRO will be replaced by INTESA SANPAOLO S.P.A. (Italy, Banks, ISNPY; ISNPY.MI).

In the Dow Jones EPAC Select Dividend Index ABN AMRO will be replaced by NORTHERN ROCK PLC (U.K., Banks, NRK.LN).

In the Dow Jones Netherlands Select Dividend 15 Index ABN AMRO will be replaced by CSM N.V. (Netherlands, Food & Beverage, CSM.AE).

All changes will be effective as of the opening of trading on Monday, October 15, 2007.

Further information as well as the complete component list of the Dow Jones STOXX and Dow Jones indexes can be found on the STOXX Indexes and Dow Jones Indexes Web site at http://www.stoxx.com and http://www.djindexes.com/.

NYSE Euronext Welcomes The Royal Bank of Scotland Group To The NYSE

The Royal Bank of Scotland Group plc (“RBS”), a leading global financial services firm, today announced it will list its American Depository Receipts for trading on the New York Stock Exchange, a subsidiary of NYSE Euronext (NYSE: NYX) under the ticker symbol “RBS”. Trading on the NYSE will begin tomorrow on a “When Issued” basis (RBS WI ); regular way trading will begin on a date to be announced by the Exchange shortly.

RBS is listing on the NYSE now that its bid to acquire the outstanding ordinary share capital of ABN AMRO Holding N.V. (NYSE: ABN) has been declared unconditional.

“RBS is a leading global financial institution,” said John A. Thain, CEO of NYSE Euronext. “We are pleased to welcome RBS to our family of listed companies and look forward to an outstanding and long-lasting partnership with the company and its shareholders.”

RBS already has preferred shares trading on the NYSE.

Background on NYSE Euronext-Europe:

On its European markets, NYSE Euronext lists 1,065 companies from Europe with a total global market capitalization of $8.4 trillion (As of Sept, 30, 2007 ).


The NYSE lists 116 companies listed from Europe , with a total global market capitalization of $5.4 trillion (As of Sept. 30, 2007 ).


The total global market capitalization of the approx. 4,000 NYSE Euronext-listed companies is $30 trillion.


About The Royal Bank of Scotland Group, plc (NYSE: RBS)

RBS is one of the world's leading financial services companies providing a range of retail and corporate banking, financial markets, consumer finance, insurance, and wealth management services. RBS Group operates in Europe , the US and Asia Pacific serving more than 36 million personal customers world-wide and employing 135,000 people. In addition to the provision of a full range of banking services under The Royal Bank of Scotland and NatWest brands, RBS also includes Citizens Financial Group, Ulster Bank, Coutts Group, Direct Line and Churchill.



About NYSE Euronext (NYSE: NYX)

NYSE Euronext, a holding company created by the combination of NYSE Group, Inc. and Euronext N.V., commenced trading on April 4, 2007 . NYSE Euronext (NYSE Euronext: NYX) operates the world’s largest and most liquid exchange group and offers the most diverse array of financial products and services. NYSE Euronext, which brings together six cash equities exchanges in five countries and six derivatives exchanges in six countries, is a world leader for listings, trading in cash equities, equity and interest rate derivatives, bonds and the distribution of market data. Representing a combined $30.8 trillion/€22.8 trillion total market capitalization of listed companies and average daily trading value of approximately $127.0 billion/€94.0 billion (as of June 29, 2007), NYSE Euronext seeks to provide the highest standards of market quality and integrity, innovative products and services to investors, issuers, and all users of its markets.