Greenlight Capital's David Einhorn Sues Apple, Criticizes Capital Allocation
Feb 7th 2013 10:33AM
Updated Feb 7th 2013 11:50AM
Famed hedge fund manager David Einhorn of Greenlight Capital has filed a lawsuit against Apple in the hopes that it will improve its capital allocation strategy. Greenlight is a large investor of Apple, holding more than 1.3 million shares, and has also issued a letter [link opens PDF] to all fellow shareholders.
In the letter, Einhorn urges shareholders to vote against a proposal that Apple is pursuing that would eliminate its ability to issue preferred stock. Greenlight believes this would "unnecessarily limit the Board's flexibility to distribute preferred stock as a means of unlocking shareholder value," it wrote in the letter. There is currently no preferred stock outstanding. Apple is bundling this proposal in with two other provisions that are considered positive for corporate governance, which Einhorn believes violates the SEC's rules about bundling separate matters into a single proposal.
The suit that was filed today seeks to have Apple unbundle these matters, so they can each be voted on separately. Einhorn remains a long-term shareholder and believer in the fundamental business, while dissatisfied with Apple's capital allocation strategy.
The article Greenlight Capital's David Einhorn Sues Apple, Criticizes Capital Allocation originally appeared on Fool.com.Fool contributor Evan Niu, CFA, owns shares of Apple. The Motley Fool recommends Apple. The Motley Fool owns shares of Apple. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.
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