December 30th, 2008 6:12 PM
Apple’s Responsibility to Shareholders on Jobs
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Put aside the rumors about Steve Jobs' health, which FOX Business Network covered Monday and Gizmodo picked up on today.
There is a real question about transparency and corporate governance that needs to be addressed.
I hope Steve Jobs is well. Really. He is a legend in both technology and business, an innovator and someone who has created a great deal of value of shareholders. He is irreplaceable, and shareholders in Apple just have to get used to that.
But...
Apple has to get used to the idea that Steve Jobs' health is a legitimate issue for the company and should be addressed as such. When shareholders -- or, yes, even the media -- ask, it is not for some morbid, sordid reasons, or as an inappropriate invasion of privacy, but because there is real shareholder value at stake. So, it is not entirely the private matter Apple executives say it is.
The answer the company gave to FBN's Shibani Joshi Monday, and repeated Tuesday, isn't appropriate: "If Steve or the board decides that Steve is no longer capable of doing his job as CEO of Apple, I am sure they will let you know."
That tells investors nothing about his current ability to run the company, nor certainly his future ability to do so. And, if the worst is true and he isn't well enough to fulfill his duties as CEO to the full extent shareholders expect, Apple has a legal responsibility to tell the investing public. Shareholders-rights attorneys would salivate at the idea of Apple keeping material information from the public. If -- God forbid -- he died tomorrow of a disease he had been fighting for weeks or months, the SEC would have a real case to bring against Apple for withholding material information.
Apple can learn a good lesson from McDonald's. In 2004, Charlie Bell was named CEO in April after the sudden heart attack and death of Jim Cantalupo. A month into the job, Bell disclosed he had been diagnosed with coloreactal cancer. He had surgery, was released, but then disclosed he would need chemotherapy. By November, Bell decided the treatment would take away from his focus as CEO, so he resigned to concentrate on treatment. He died two months later.
Obviously, it was a rocky time to be a McDonald's shareholder, given the death of two CEOs within a year. But shareholders were at least kept informed. They knew the succession risk because the company, while respecting Bell's privacy by withholding details, at least made sure the investing public knew the course of both the disease and treatment. The company disclosed material details all along the way.
And that was for a company that was not so closely associated with its CEO, as Apple is now.
So the questions are legitimate. And the response from the company and the board needs to be legitimate, too.
In truth, it may not be an issue at all. Jobs may indeed be healthy, with his hand on the tiller. But, right now, shareholders can't know for sure...and that's Apple's fault, not the rumor mill's.
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