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Imagine that a German widget manufacturer and an American customer are negotiating an order. "This corroboration requirement for testimony by an interested party is based on the sometimes unreliable nature of oral testimony, due to the forgetfulness of witnesses, their liability to mistakes, their proneness to recollect things as the party calling them would have them recollect them, aside from the temptation to actual perjury." Trans Web LLC v. See, e.g.: At all times during the Confidentiality-Obligation Period, the Receiving Party must not disclose, use, or copy Confidential Information, in whole or in part, except as expressly provided in the Agreement. A receiving party likely would not want to take on the higher burden of entering into a fid­u­ci­a­ry relationship with the disclosing party.

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Nearly 12 months ago, Apple started reporting GAAP and non-GAAP results side by side -- with fiscal 2008 fourth quarter earnings.

CEO Steve Jobs clearly was dissatisfied with not officially reporting i Phone revenue, a large portion the company deferred.

I’m not sure why Horowitz bothered to change the name of the CFO. Sharlene Abrams was CFO of Opsware and her previous employer was Mercury Interactive. Abrams was barred from serving as an officer or a director of a public company. was planning an enforcement action against her in connection to her previous employment at Mercury Interactive, an enterprise software company.

The New York Times Dealbook’s William Alden picks up on Horowitz’s hero story and gives us more details. She later pleaded guilty to tax evasion after a Justice Department inquiry into the stock options scheme. Abrams, the chief financial officer of Opsware at that time, was forced to resign in 2006 after it emerged that the S. No one talks about stock options backdating much anymore.

The Financial Accounting Standards Board will make a grave mistake if it gives into Apple and other high-tech companies demanding a change to subscription accounting rules.

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