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.

New York Stock Exchange To Delay Trading on the American Depositary Shares of Tele Norte Leste Participações S.A.

The New York Stock Exchange announced that trading in the American Depositary Shares of Tele Norte Leste Participações S.A. -- ticker symbol TNE -- will be delayed because the offer to purchase the American Depositary Shares of Tele Norte Leste Participações S.A. by Telemar Participações S.A. is set to expire today at 10.00 a.m. The delay will be in effect until the results of the offer to purchase by Telemar Participações S.A. are published.


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 $30.8 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.

SEC Charges New York Hedge Fund Adviser With Short Sale Violations in Connection With Hibernia-Capital One Merger

The Securities and Exchange Commission today announced a settled enforcement action against New York hedge fund adviser Sandell Asset Management Corp. (SAM), its chief executive officer, and two other employees for engaging in improper short sales in connection with trading in the securities of Hibernia Corporation in the immediate aftermath of Hurricane Katrina.

Hibernia was a New Orleans-based bank holding company and the subject of an acquisition agreement with Capital One Financial Corporation at the time Katrina occurred. As part of its merger arbitrage investment strategy, SAM held a large long position in Hibernia. According to the Commission's Order, SAM personnel believed that Capital One would lower its offering price for Hibernia shares in the wake of Katrina. In an attempt to offset an anticipated loss to a client, SAM personnel began to sell short as many shares of Hibernia stock as possible, improperly marking certain sales orders as "long" or misrepresenting to the broker-dealers executing some of the trades that they had located stock to borrow.

"Today's action is part of our ongoing effort to ensure that hedge funds comply with the federal securities laws, including all applicable trading rules," said Linda Chatman Thomsen, Director of the SEC's Division of Enforcement.

Scott W. Friestad, Associate Director of the SEC's Division of Enforcement, added, "By mismarking certain trades and falsely claiming that firm personnel had located stock to borrow, Sandell Asset Management gained an unfair trading advantage over other market participants. This settlement deprives the firm of the profits made from the improper trading, and includes penalties and other sanctions designed to deter others from engaging in similar misconduct."

Without admitting or denying the Commission's findings, SAM agreed to pay more than $8 million to settle the charges, including $6,716,683.93 in disgorgement, $730,811.74 in prejudgment interest, and a $650,000 civil penalty. Also charged were the firm's CEO Thomas Sandell, senior managing director Patrick Burke, and head trader Richard Ecklord, all of whom consented to the Commission's Order without admitting or denying wrongdoing. Sandell, Burke and Ecklord were ordered to pay civil penalties of $100,000, $50,000 and $40,000, respectively.

The Commission's Order finds that, after the Hibernia-Capital One merger was announced on March 6, 2005, SAM purchased approximately 9.3 million shares of Hibernia stock for one of the firm's hedge fund clients. Thereafter, SAM sold the Hibernia shares to third parties and entered into "swap" transactions with them. The hedge fund managed by SAM no longer owned the Hibernia shares, but retained all of the economic risk of loss if the price of the shares declined.

On Aug. 29, 2005, Hurricane Katrina struck New Orleans, where Hibernia was headquartered and maintained substantial assets. On Aug. 31, 2005, in its effort to offset a potential loss to its client, SAM personnel improperly marked certain sales orders as "long" even though they were, in fact, short. On Sept. 2, 2005, SAM personnel made some additional short sales by representing to the broker-dealers executing the trades that they had located stock to borrow, when in fact they had not. The Commission's Order finds that the Aug. 31 trades violated Section 10(a) of the Securities Exchange Act of 1934 and Exchange Act Rule 10a-1 and that the Sept. 2 trades violated Section 17(a)(2) of the Securities Act of 1933.

The Commission's Order censures each of the respondents and orders SAM to cease and desist from committing or causing future violations of Section 17(a)(2) of the Securities Act.


Additional materials: Administrative Proceeding 33-8857

NASDAQ Introduces the Q-50 Index

The Nasdaq Stock Market, Inc. (Nasdaq:NDAQ) announced today the introduction of the NASDAQ Q-50 Index(sm), an innovative tool to track the securities that are next eligible for inclusion in the world-renowned NASDAQ-100 Index(r). NASDAQ began disseminating the NASDAQ Q-50 Index today.

The Index is comprised of 50 non-financial securities ranked by market capitalization. They reflect companies across major industry groups including computer hardware and software, telecommunications, retail/wholesale trade, and biotechnology.

"The NASDAQ Q-50 Index is a new benchmark for some of the world's most up-and-coming growth companies," said NASDAQ Senior Vice President Steven Bloom. "The Index arms investors with a portfolio of some of NASDAQ's fastest growing companies in a diverse range of industries. The launch of the NASDAQ Q-50 Index represents a significant extension of NASDAQ's success in bringing attention to its largest and most liquid innovative growth companies."

Securities in the NASDAQ Q-50 Index are next eligible for inclusion in the NASDAQ-100 Index, a globally recognized benchmark that is the basis of more than 500 investment products in 36 countries. The NASDAQ Q-50 Index is a price return index (Nasdaq:NXTQ), which is ordinarily calculated without regard to cash dividends on index securities. The Index commenced calculation today with a value of 150.00.

NASDAQ Financial Products (NFP) is engaged in the design, development, calculation, licensing, and marketing of NASDAQ indexes. NFP specializes in the development of indexes focusing on NASDAQ's brand themes of innovation, technology, growth, and globalization. NFP also provides custom index services and design solutions as a third-party provider to selected financial organizations. For more information about NASDAQ's indexes, visit www.nasdaq.com/indexes.

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

Thursday, October 4, 2007

SEC Takes Another Bite Out of E-Mail Spam With Three More Trading Suspensions

The Securities and Exchange Commission this morning continued its assault on stock market e-mail spam by suspending trading in the securities of three companies that haven't provided adequate and accurate information about themselves to the investing public.

The trading suspensions are part of the Commission's Anti-Spam Initiative announced earlier this year that cuts the profit potential for stock-touting spam and is credited for a significant worldwide reduction of financial spam. A recent private-sector Internet security report stated that a 30 percent decrease in stock market spam "was triggered by actions taken by the U.S. Securities and Exchange Commission, which limited the profitability of this type of spam."

In addition, spam-related complaints to the SEC's Online Complaint Center have been cut in half.



"The SEC is moving aggressively against stock market spam that has been clogging our e-mail inboxes for too long," said SEC Chairman Christopher Cox. "Because of our aggressive enforcement efforts, there has been a reported 30 percent drop in financial spam, and that means fewer investors are getting ripped off."

Since the March 8, 2007 launch of its Anti-Spam Initiative to combat spam-driven stock market manipulations, the Commission has suspended trading in the securities of 39 companies and has brought several spam-related enforcement actions.

Mark K. Schonfeld, Director of the Commission's New York Regional Office, said, "Today's trading suspensions exemplify our firm commitment to protecting investors from stock fraud and spam e-mail. Investors are entitled to accurate and adequate information about public companies, and we will take strong action promptly when companies fail to fulfill this obligation."

Today's trading suspensions pertain to the securities of Alliance Transcription Services, Inc. (ATSS), Prime Petroleum Group, Inc. (PPGU), and T.W. Christian, Inc. (TWCI). The companies are recent successors to Strategy X, Inc., Pinnacle Development, Inc. and Xraymedia, Inc., respectively. Each of the companies changed its name on Aug. 14, 2007, is currently quoted under a new ticker symbol, and purports to have a new business. The companies, all of which trade on the Pink Sheets, are susceptible to spam stock promotions because they have inadequately disclosed their assets, business operations and/or management, their current financial condition, and/or financing arrangements involving the issuance of the companies' shares.

The trading suspensions will last for 10 business days, commencing today at 9:30 a.m. EDT and terminating at 11:59 p.m. EDT on Oct. 17, 2007.

The success of the SEC's Anti-Spam initiative is described in the Symantec Internet Security Threat Report, a semi-annual analysis and discussion of online threat activity during the previous six-month period. The most recent report was released Sept. 17, 2007: http://www.symantec.com/threatreport. The SEC's efforts are cited on page 107 of the report

"Spam related to financial services made up 21 percent of all spam in the first six months of 2007, making it the second most common type of spam during this period. The previous edition of the Internet Security Threat Report reported that Symantec had detected an increase in spam related to the financial services sector over the last six months of 2006. This was primarily due to an abundance of stock market "pump and dump" spam. However, in the current period, there has been a 30 percent decline in this type of spam from the previous period. This is due to a decline in spam touting penny stocks that was triggered by actions taken by the United States Securities and Exchange Commission, which limited the profitability of this type of spam by suspending trading of the stocks that are touted."

The SEC Division of Enforcement's Online Complaint Center similarly indicates a 30 percent decrease in spam-related complaints during the same 12-month period, with complaints dropping from more than one million complaints during the final six months of 2006 to 727,313 during the first 6 months of 2007. Moreover, while the Online Complaint Center received 166,741 complaints in February 2007 before the SEC unveiled its anti-spam initiative in March, the number of complaints about financial spam dropped to 67,785 last month - a nearly 60 percent decrease.

The Online Complaint Center can be reached at enforcement@sec.gov. The SEC's Office of Investor Education and Assistance has information for investors and members of the general public on topics directly related to this action by the SEC. See http://www.sec.gov/investor/35tradingsuspensions.htm for a compilation of helpful links.

Any broker, dealer or other person with information relating to this matter is invited to e-mail the Securities and Exchange Commission at 35suspensions@sec.gov.

SEC Online Complaint Center Data:

Month Complaints
June 2006 118,741
July 2006 121,531
Aug. 2006 165,434
Sept. 2006 128,811
Oct. 2006 178,657
Nov. 2006 220,486
Dec. 2006 221,036
Jan. 2007 163,522
Feb. 2007 166,741
March 2007 127,465
April 2007 111,382
May 2007 88,236
June 2007 69,967
July 2007 86,759
Aug. 2007 84,222
Sept. 2007 67,785

Tuesday, October 2, 2007

NASDAQ to Acquire Boston Stock Exchange and Key Exchange Assets

The Nasdaq Stock Market, Inc. (NASDAQ(r)) (Nasdaq:NDAQ), today announced it has entered into a definitive agreement to acquire the Boston Stock Exchange (BSE), including the holding company (BSE Group), the Boston Equities Exchange (BEX), the Boston Stock Exchange Clearing Corporation (BSECC), and BOX Regulation (BOXR). Along with these businesses, NASDAQ will acquire an SRO (Self-Regulatory Organization) license for trading both equities and options. NASDAQ's acquisition of the BSE Group is valued at approximately $61 million.

NASDAQ will not acquire an interest in the Boston Options Exchange (BOX) from the BSE. However, a regulatory framework for the BOX market will remain in place. NASDAQ, through BOXR, will operate the regulatory services provider to the BOX, which is an options trading facility of the BSE. NASDAQ and BOX are discussing a plan regarding the future regulatory structure for BOX.

Bob Greifeld, President and Chief Executive Officer of NASDAQ, said, "NASDAQ is very focused on meeting the needs of its customers. This transaction provides added liquidity, new trading choices and an enhanced competitive market environment. NASDAQ's acquisition of the BSE will expand NASDAQ's execution offerings, and deliver user and investor benefits consistent with our Brut and INET acquisitions." Greifeld added, "We believe a second exchange license in both equities, and in the future options, will provide market structure flexibility as we continue to deliver on our mission of being the number one trading platform in the transactions business."

Upon approval of the transaction, NASDAQ will have the ability to offer a second quote within the U.S. equities marketplace. NASDAQ anticipates operating the BSE using its INET trading system.

Additionally, subject to SEC approval, NASDAQ anticipates utilization of the BSE Clearing Corporation.

NASDAQ Executive Vice President of Transaction Services, Chris Concannon commented, "This deal will allow our customers to better execute their trading strategies. From critical trading functionality, to crossing products, and risk management offerings, NASDAQ's second quote in NASDAQ, NYSE and AMEX-listed securities will arm our diverse customer base with more choices and competitive pricing options. Additionally, we are optimistic that the clearing business will provide valuable benefits for both NASDAQ and our customers over time."

As previously noted, NASDAQ anticipates organically launching The NASDAQ Options Market, a price/time priority options market in December 2007, subject to SEC approval.

The transaction is subject to SEC approval and approval by BSE members. NASDAQ & BSE's board of directors have approved the transaction, which is expected to close by early first quarter 2008. It is anticipated that the transaction will be accretive to NASDAQ shareholders within 12 months from closing.

NASDAQ will host an analyst and media briefing via teleconference today regarding this announcement. Senior management will be available for questions from journalists following brief remarks. Details are as follows:


Who: David Warren, Chief Financial Officer and Executive Vice
President, The Nasdaq Stock Market, Inc.

Chris Concannon, Executive Vice President, Transaction
Services, The Nasdaq Stock Market, Inc.

When: October 2, 2007 via Teleconference

Password: NASDAQ

Dial-in Details for Analyst/Investor Call:


Title: NASDAQ Conference Call
Start Time: 11:00 A.M. ET
Domestic dial-in: (866) 765-6327
International dial-in: (913) 312-6621

Dial-in Details for Media Call:


Title: NASDAQ Conference Call
Start Time: 11:45 A.M. ET (immediately following analyst
call)
Domestic dial-in: (866) 765-6327
International dial-in: (913) 312-6621

All participants can access the conference via Internet audio cast through the NASDAQ Investor Relations website at http://ir.nasdaq.com/.

An audio replay of the conference will be available on the NASDAQ Investor Relations website at http://ir.nasdaq.com/ or by dialing 888.203.1112 (U.S.) or 719.457.0820 (International) and the replay pass code 1146445

About NASDAQ

NASDAQ is the largest U.S. electronic stock market. With more than 3,100 companies, it lists more companies and, on average, its systems trade more shares per day than any other U.S. market. NASDAQ 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. For more information about NASDAQ, visit the NASDAQ Web site at http://www.nasdaq.com or the NASDAQ Newsroom at http://www.nasdaq.com/newsroom/.

About BSE

Founded in 1834 as the third oldest exchange in the U.S., the Boston Stock Exchange (BSE) has, from its beginnings, played a vital role as a leading exchange within the strongest capital market system in the world. Additional information can be found at www.bostonstock.com.

Monday, October 1, 2007

EBay Takes $1.43B Charge for Skype, Skype CEO Steps Down and Parent Company EBay Takes $1.43 Billion Charge

EBay Inc. announced Monday that the co-founder and chief executive of its Skype division was stepping down, and that the parent company would take $1.43 billion in charges for the Internet phone service division.

Of the charges to be taken in the current quarter, $900 million will be a write-down in the value of Skype, eBay said. That charge, for what accountants call impairment, essentially acknowledges that San Jose-based eBay, one of the world's largest e-commerce companies, drastically overvalued the $2.6 billion Skype acquisition, which was completed in October 2005.

EBay also said Monday it paid certain shareholders $530 million to settle future obligations.

In 2005, eBay wooed Skype investors by offering an "earn-out agreement" up to $1.7 billion if Skype hit specific targets -- including a number of active users and a gross profit -- in 2008 and the first half of 2009. The Skype shareholders holding those agreements received the $530 million in an early, one-time payout, eBay spokesman Hani Durzy said.

EBay also announced that Skype CEO Niklas Zennstrom will become non-executive chairman of Skype's board and likely spend more time working on independent projects.

Durzy said the resignation of Zennstrom, a Swedish entrepreneur who started Skype, was not related to the impairment charge or Skype's performance.

"Niklas left of his own volition," Durzy said. "He is an entrepreneur first and foremost, and he wanted to spend more time on some of his new projects that he has been working on."

Skype, which allows customers to place long-distance calls using their computers, reported second-quarter revenue of $89.13 million, up 102 percent from a year ago. It was the second consecutive quarter of profitability for the newest eBay division.

Zennstrom is likely to work on developing Joost, an Internet TV service he started in 2006 with Skype co-founder Janus Friis, relying on peer-to-peer technology to distribute TV shows and other videos over the Web.

Joost had at least 1 million beta testers in July and will launch at the end of the year, Zennstrom said earlier this summer.

One of the pair's first collaborations was the peer-to-peer file-sharing network KaZaA, which launched in March 2000 and is used primarily to swap MP3 music files over the Internet. Zennstrom also co-founded the peer-to-peer network Altnet and the venture capital firm Atomico.

EBay chief strategy officer Michael van Swaaij, formerly vice president for European operations, will serve as acting Skype CEO until a replacement is named. EBay hired Russell Reynolds Associates to search for replacements.

EBay also announced Skype President Henry Gomez will return to eBay as senior vice president for corporate affairs. Gomez was eBay senior vice president during his two years at Skype.

Three Former Dynegy Executives Settle SEC Charges for Manipulating Financial Statements

The Securities and Exchange Commission today announced settled enforcement actions against former Dynegy Inc. chief financial officer Robert D. Doty, Jr. and two other former executives at the Houston-based energy company for their roles in a $300 million accounting fraud known as Project Alpha.

According to the Commission's Order, Doty was involved in the decision to proceed with Project Alpha and improperly disguise a loan as operating cash flow in order to minimize the gap between Dynegy's reported net income and cash flow from operations, and to realize as net income a related $79 million tax benefit that was invalid. Furthermore, Doty was involved in the decision not to make any separate disclosure to investors about Alpha's unique, non-commercial pricing characteristics. Doty will pay more than $375,000 to settle the SEC's charges.

"This case demonstrates that we will hold accountable anyone involved in manipulating a public company's financial statements," said Rose Romero, Regional Director of the SEC's Fort Worth Regional Office. "The enforcement actions announced today reflect the Commission's commitment to ensuring that both companies and the individuals who work for them are honest and straightforward with investors."

Dynegy's former vice president of taxation, Gene S. Foster, and former manager of accounting-deal structure, Helen C. Sharkey, also settled with the Commission regarding their roles in the creation and implementation of Project Alpha. According to the Commission's Orders, both willfully disregarded accounting advice from Dynegy's outside auditor, and concealed critical transaction details from the auditor in violation of federal securities laws. Without admitting or denying the Commission's findings, Foster and Sharkey consented to orders permanently enjoining them from future violations of the antifraud and internal controls provisions of federal securities laws. They also consented to administrative orders barring them from appearing or practicing before the Commission as accountants.

A third defendant in the Commission's civil enforcement action, Jamie Olis, recently asserted a counterclaim for attorney fees and costs. The Court struck down his counterclaim on September 7, 2007, and then granted the Commission's motion to dismiss its claims against Olis, Dynegy's former vice president of finance. Olis is currently incarcerated after being convicted in a parallel criminal proceeding of six felony counts relating to his role in Project Alpha. The Commission also issued an administrative order permanently suspending Olis from appearing or practicing before the Commission based on his criminal convictions.

Doty, without admitting or denying the Commission's findings, agreed to a federal district court judgment requiring him to pay a civil penalty of $120,000 and prohibiting him from serving as an officer or director of a public company for a period of five years. Doty also consented to a public administrative and cease-and-desist order requiring him to pay disgorgement of $200,000 and prejudgment interest of $56,560, and suspending him from appearing or practicing before the Commission as an accountant for five years. The order also directs Doty to cease and desist from committing or causing future violations of the antifraud and internal controls provisions of the federal securities laws, or aiding and abetting or causing violations of the record-keeping and reporting provisions.

Dynegy previously settled SEC charges in 2002 that it had engaged in accounting improprieties and made misleading disclosures about a financing transaction involving special-purpose entities (SPEs). The Commission had found that Dynegy violated federal securities laws by improperly disguising the $300 million loan as cash flow from operations on its financial statements, thereby misleading investors about the level of its energy trading activity.

In July 2003, the Commission issued a settled cease-and-desist order against Citigroup for its role in Project Alpha. In its order, the Commission found that Citigroup was a cause of Dynegy's violations. Citigroup paid $19 million to settle the proceeding.

The Commission acknowledges the assistance of the United States Attorney's Office for the Southern District of Texas, the Federal Bureau of Investigation and the United States Postal Inspection Service.

Henry Schein, Inc. to Join the NASDAQ-100 Index Beginning October 2, 2007

Henry Schein, Inc. (Nasdaq:HSIC) of Melville, New York, will become a component of the NASDAQ-100 Index(r) (Nasdaq:NDX) and the NASDAQ-100 Equal Weighted Index (Nasdaq:NDXE) prior to market open on Tuesday, October 2, 2007. Henry Schein, Inc. will replace Maxim Integrated Products, Inc. (Nasdaq:MXIM).

With a market capitalization of approximately $5.4 billion, Henry Schein, Inc. distributes healthcare products and services, including practice management software, to office-based healthcare practitioner. The company's operations include direct marketing, telesales and field sales.

The NASDAQ-100 Index, launched in January 1985, is one of the most widely followed benchmarks in the world.

Bank of the James Financial Group, Inc. Announces Stock Repurchase Program

Bank of the James Financial GroupThe Board of Directors of Bank of the James Financial Group, Inc. (the "Company") (OTCBB:BOJF) has authorized a stock repurchase program whereby the Company is authorized to buy up to 25,000 shares of its common stock. As of September 30, 2007, the Company had 2,558,578 shares of common stock outstanding.

The Company expects that repurchases under the plan will be made from time to time in the open market at prevailing prices. Purchases will be based on, among other things, stock availability and price. It is anticipated that the repurchases will be made during the next twelve months, although no assurance can be given as to when they will be made or the total number of shares that will be repurchased.

Robert R. Chapman III, President and Chief Executive Officer of the Company, stated, "We believe that the plan to repurchase our shares represents a sound capital management strategy for the acquisition of common shares at times when we believe that the market may not value our stock appropriately. We believe the repurchase plan will benefit the Company and our stockholders."

Bank of the James Financial Group, Inc., the common stock of which is quoted on the OTC Bulletin Board under the symbol "BOJF" (some web systems require "BOJF.OB" to obtain a quote), is the holding company for Bank of the James (the "Bank"), a state chartered bank that shares the Company's headquarters at 828 Main Street, 3rd Floor, Lynchburg, Virginia 24504. The Bank currently operates seven full service locations in the Lynchburg, Virginia area, as well as mortgage origination offices in Forest and the Smith Mountain Lake area of Bedford County, Virginia. In addition BOTJ Investment Group, Inc., a wholly-owned subsidiary of Bank of the James Financial Group, Inc., provides institutional and retail investment services and is located in the Bank's Church Street branch in downtown Lynchburg.

For more information regarding the Bank's products and services and for Bank of the James Financial Group, Inc. investor-relations information, please visit http://www.bankofthejames.com.

HP Closes Neoware Acquisition

HP today announced that it has completed its acquisition of Neoware Inc., a provider of thin client computing and virtualization solutions, at a fully diluted, enterprise value (net of cash) basis of approximately $214 million.

With the acquisition of King of Prussia, Pa.-based Neoware, HP plans to use the best of both companies’ technologies to create thin clients that are easier to deploy, more secure and more affordable. The deal will also extend HP’s regional sales reach.

Thin clients provide a higher level of security, can reduce maintenance costs, and consume less electricity compared to other desk-based computing products because they contain no local data, no moving parts, utilize low-power components and connect over a network to remote blade PCs and servers where data processing and storage occurs.

“The integration of Neoware will enable us to offer the industry’s broadest portfolio of remote client solutions that deliver the most secure, reliable and easily managed computing infrastructure available today,” said Kevin Frost, vice president, Business Desktops, Personal Systems Group, HP. “Our top priority is to ensure that Neoware and HP deliver uncompromised product and business continuity to our combined customers.“

Prior to the acquisition, HP was the worldwide leader in each of the Microsoft Windows® XPe, Windows CE and Linux thin client categories. Acquiring Neoware is expected to boost HP’s thin-client business in the areas of Linux software, client virtualization and customization capabilities.

Under the terms of the merger agreement, Neoware stockholders will receive $16.25 for each share of Neoware stock that they held at the closing of the acquisition and the company will be integrated into the Business Desktop unit of HP’s Personal Systems Group.

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 $100.5 billion for the four fiscal quarters ended July 31, 2007. More information about HP (NYSE: HPQ) is available at http://www.hp.com.

Bank of America Completes Purchase of LaSalle Bank

Bank of America Corporation today completed its purchase of ABN Amro North America Holding Company, parent of LaSalle Bank Corporation and its subsidiaries, from ABN Amro Holding NV to create the largest bank franchise by deposits in Illinois and in Michigan.

Bank of America significantly expands its metropolitan Chicago and Michigan presence by adding LaSalle's 17,000 commercial banking clients, 1.4 million retail customers, 400 banking centers and 1,500 ATMs. Bank of America marks its retail branch entry in Michigan, where it now has 256 offices. It also adds LaSalle's six banking offices in Indiana.

"LaSalle customers and commercial clients can now enjoy the benefits of the largest retail bank in the nation," said Kenneth D. Lewis, Bank of America chairman and chief executive officer. "Clients will have access to a world- class range of commercial banking and wealth management products and services, and benefit from Bank of America's demonstrated commitment to the communities it serves. We look forward to helping thousands of new customers and clients realize their dreams through the financial opportunities Bank of America can offer."

Customer Convenience

Beginning today, Bank of America and LaSalle customers can access the nation's largest network of more than 18,500 ATMs to make cash withdrawals with no ATM fees. For example, a Bank of America customer can now withdraw cash from a LaSalle ATM in Chicago with no fees and a LaSalle customer can now do the same at any Bank of America ATM throughout the U.S.

LaSalle customers should continue to bank as usual by phone, ATM, online or at their regular LaSalle branch. In addition, LaSalle customers should continue to use their LaSalle debit and ATM cards. In the coming months customers will be notified about the change from LaSalle Bank to Bank of America as well as when they can begin using Bank of America offices for other banking services in addition to ATMs.

Along with having the expanded depth and breadth of Bank of America's retail and small business banking services, LaSalle's commercial clients will benefit from expanded credit and treasury services capabilities and enhanced access to global capital markets and investment banking.

LaSalle signs will begin to change to the Bank of America brand during the first quarter of 2008. Those changes will take place throughout 2008.

In the Community

Bank of America also today announced a $70 billion community development goal in Illinois and a $25 billion goal in Michigan to build on the outstanding track records of Bank of America and LaSalle in delivering capital and credit to low- and moderate-income and minority communities.

The strategic plan for Illinois and Michigan are new goals in support of Bank of America's national commitment of community development lending and investment of $750 billion over 10 years in low- and moderate-income and minority communities. The Illinois and Michigan goals also will occur in a 10-year period beginning in January of 2008 and are intended to address the unique needs of the market.

During the course of the new 10-year strategic plan, the annual production for the combined company will average $7 billion a year in Illinois, or $70 billion over the course of the plan. In Michigan, the company will average $2.5 billion a year or $25 billion in the same period.

The more than $17 million in combined annual philanthropic giving in Michigan and Illinois by Bank of America and LaSalle will be sustained.

Executive Leadership
Bank of America today also announced several executive leadership changes.
LaSalle Bank Chairman Norman Bobins will become chairman emeritus of LaSalle, assist in the merging of the two organizations and represent Bank of America in the community, with clients and customers. As previously announced, he will retire at the end of the year.

LaSalle Bank President and Chief Executive Officer Robert Moore will serve as the LaSalle transition executive working closely with Barbara Desoer, Bank of America's Global Technology and Operations executive. He will continue to oversee legacy LaSalle businesses in addition to his transition duties. He has decided to pursue other opportunities at the end of year.

Bank of America also plans to relocate its Commercial Real Estate Banking headquarters to Chicago from Atlanta. Eugene Godbold, a 28-year veteran of the company, will continue as president of the business and move to Chicago. Bank of America is the nation's largest provider of commercial real estate financial services.

Additionally, Kieth Cockrell will assume a new role as the regional executive for banking centers in Michigan, Illinois and Indiana. Cockrell, who most recently was the national sales executive for Global Consumer and Small Business Banking and joined Bank of America in 1993, also will serve as market president for Detroit.

Cockrell previously served as consumer executive for the Mid-Atlantic consumer division and before that was executive vice president of Debit, ATM and Smart Card Services. In 2000 he was the Customer Service and Support executive managing call centers nationwide.

Bank of America

Bank of America is one of the world's largest financial institutions, serving individual consumers, small and middle market businesses and large corporations with a full range of banking, investing, asset management and other financial and risk-management products and services. The company provides unmatched convenience in the United States, serving 57 million consumer and small business relationships with more than 5,700 retail banking offices, more than 17,000 ATMs and award-winning online banking with more than 22 million active users. Bank of America is the No. 1 overall Small Business Administration (SBA) lender in the United States and the No. 1 SBA lender to minority-owned small businesses. The company serves clients in 175 countries and has relationships with 98 percent of the U.S. Fortune 500 companies and 80 percent of the Fortune Global 500. Bank of America Corporation stock (NYSE: BAC) is listed on the New York Stock Exchange.