Tag Archives: request

Questions Remain After Feds Quit Apple iPhone Hack Case

The Justice Department’s decision to withdraw its demand that Apple ( AAPL ) help it hack an iPhone in a criminal case is seen as a victory for civil liberties and data security. But the government’s actions late Monday raise a host of questions. The U.S. Department of Justice told a federal judge that it no longer needed to compel Apple to help unlock the password-protected iPhone 5C used by Syed Farook, one of the two now-deceased shooters in the San Bernardino, Calif., massacre. The DOJ said that the FBI was able to access data on the iPhone with the assistance of an unidentified outside party. Unanswered questions include: Who unlocked the iPhone for the FBI? How did they do it? Did they find anything useful for the investigation? Is data vulnerable on all iPhones because of the hack? Is the FBI telling the truth about the iPhone hack, or did it just want to back out of the court battle with Apple to save face? Will the feds pursue court action against Apple in other criminal cases? How will Congress address smartphone security amid law enforcement demands for access? “This case should never have been brought,” Apple said in a statement. “Apple believes deeply that people in the United States and around the world deserve data protection, security and privacy.” Apple said that a court order forcing it to write software to bypass its own security protections would have set a dangerous precedent. If it created a “back door” for the government, the data of all iPhone users would have been vulnerable to hackers, criminals and spies, the company said. A U.S. magistrate on Feb. 16 ordered Apple to assist the FBI in hacking Farook’s iPhone. Farook and his wife, Tashfeen Malik, shot and killed 14 people on Dec. 2. The radicalized Muslim couple, described in press reports as supporters of terror group ISIS, died in a gun battle with police. Fight for the Future, a digital rights group known for organizing online protests to support Internet freedoms, called the FBI’s decision to back down in the case a victory for the public. “Fortunately, Internet users mobilized quickly and powerfully to educate the public about the dangers of back doors, and together we forced the government to back down,” Evan Greer, campaign director of Fight for the Future, said in a statement. Image provided by Shutterstock .

Yahoo Bidders Get April 11 Deadline, Must Unveil Financial Details

Yahoo ( YHOO ) is facing interest from as many as 40 groups and has set an April 11 deadline for any preliminary bids on its core Internet business and Asian assets, according to media reports Tuesday. Yahoo is sending letters asking suitors for bids, said a report in the Wall Street Journal. Bidders reportedly are being pressed on financing details along with conditions for a deal, including tax implications for separating Yahoo’s Alibaba Group ( BABA ) and Yahoo Japan assets from the core. Some buyers may be only interested in Yahoo’s core Web business in whole or in pieces, the report said, and some might bid for Yahoo’s 15% stake in China e-commerce giant Alibaba   or Yahoo’s holdings in Yahoo Japan. Yahoo wants to thin the field to serious potential buyers, the WSJ said. Yahoo is under pressure to get an auction process moving before this summer, when its shareholders will vote on whether to sweep out Yahoo’s current nine-member board and replace them with a slate proposed last week by activist investor Starboard Value. The hedge fund launched a proxy battle after criticizing Yahoo’s financial performance and slow movement toward a sale. Meanwhile, “any bids for Yahoo’s core business will show a discounted price target, and may not want to include Yahoo Japan assets if it’s from a domestically focused company,” wrote Rosenblatt Securities analyst Martin Pyykkonen in an industry note Tuesday. He added that “potential private equity buyers would seek a lowball price, with the plans of splitting the company even more so than just the core Yahoo assets from the stakes in Alibaba and Yahoo Japan.” This week, reports said  Microsoft ( MSFT ) might put up “significant” financing in a bid for Yahoo. Microsoft executives are in talks with potential investors about providing funds to buy the troubled Internet company , Re/code reported. A Reuters report said those talks are in the early stages. Microsoft and Yahoo have a longstanding search and ad partnership, and Microsoft is focused on preserving that relationship, it said. Private equity firms interested in Yahoo have approached Microsoft, Reuters said. In 2008, then-Microsoft CEO Steve Ballmer tried to buy Yahoo for about $45 billion. But Yahoo’s core business has since weakened, Pyykkonen wrote. “Fast forward to today, and there are declining fundamentals in Yahoo’s core business, which include user and usage year/year declines and a write down of a portion of Yahoo’s Tumblr business,” he said, as Facebook ( FB ) and Alphabet ( GOOGL )-unit Google both have more revenue concentration from mobile advertising. “Based on yesterday’s closing prices, Yahoo’s core business and its minority stake in Yahoo Japan were valued at $3.43 billion, based on the majority of Yahoo’s market cap being in its Alibaba stake (16% = $30 billion). We see any potential sale of Yahoo’s core business as being a long and protracted process (due diligence, price negotiation, proxy battle, etc.) through much of this year and with limited upside, if any, from the current stock price,” said Pyykkonen. Yahoo stock was up 2.5% in midday trading in the stock market today , near 36. Shares of Alibaba, Facebook, Alphabet and Microsoft were all up about 1% midday Tuesday.

SunEdison ‘On Life Support’ After TerraForm Yieldco Bubble Blast

Bankruptcy clouds shadow  SunEdison ( SUNE ) this week, ahead of a Wednesday deadline to file its annual 10-K or, say analysts, default on $725 million in second-lien loans — an inferno, at least two analyst say, that ties back to its yieldcos  TerraForm Power ( TERP ) and TerraForm Global ( GLBL ). Late Tuesday, reports surfaced that the U.S. Securities and Exchange Commission might be probing SunEdison’s liquidity stance. The Wall Street Journal reported that SEC investigators are examining how much cash SunEd had on hand last year. In early trading on the stock market today , SunEdison stock plunged more than 40% on the investigation rumor, dipping below 1 to an all-time low. “I’d say (SunEdison is) kind of on life support as we speak,” S&P Global Market Intelligence analyst Angelo Zino told IBD on Monday. “We have absolutely no visibility into the financial outlook of the company. It’s obviously very worrisome.” SunEd’s Lacking Financials SunEdison last held an earnings call in November, about two weeks before it fired Carlos Domenech, SunEd executive vice president and CEO of both TerraForms. According to TerraForm Power’s proxy statement, Domenech first initiated communications with Vivint Solar ( VSLR ). On July 20, SunEdison announced its plan to acquire residential solar installer Vivint. The deal briefly got a warm embrace on Wall Street, but shares of SunEdison and Vivint Solar have plummeted a respective 96% and 83% since then. In December, SunEd cut its bid on Vivint to reflect the drop in stock price, and this month Vivint scrapped its sale to SunEdison, citing financial concerns about the acquirer. A major TerraForm Power investor had been angling to block the deal as well. The transaction would have dropped Vivint Solar’s 523-megawatt rooftop assets down to TerraForm Power. Since then, SunEdison delayed its annual 10-K financial statement on Feb. 29 and March 16, citing an ongoing investigation into its liquidity stance . The investigation arose from allegations by former and current executives of financial misconduct. Yield company TerraForm Power blamed SunEd for its own late 10-K.  TerraForm Power is facing Nasdaq delisting as well as a potential slew of investor class action lawsuits related to the insider trading and fraud portions of the Securities and Exchange Act of 1934. TerraForm Power stock was down nearly 8% early Tuesday, below 8. Zino maintains his hold rating on SunEdison stock, but over the past week investment banks Cowen and Stifel Nicolaus have dropped their coverage on SunEdison stock. ‘Overpaying For Assets’ Nine months ago, SunEdison was a different company, Zino says. In June, SunEdison’s assets were valuable, the company had ready access to the debt financing and equity markets, and could tap its healthy TerraForm yieldcos. A yieldco is created to house assets, generate on-tap cash flow and yield tax-free dividends. TerraForm Power filed its IPO in June 2014. NRG Energy ( NRG ) followed in May 2015 with a superior strategy, T-Rex Group CEO Benjamin Cohen told IBD. T-Rex Group is an analytics-based advisory group for renewable stocks. NRG Yield ( NYLD ) held 71% non-renewable assets in conjunction with 29% renewable assets — balancing older profitable assets with newer and more quickly-depreciating renewable assets. By appearing less profitable overall, the yieldco can pay less in taxes, Cohen explained. It’s a completely legal strategy — and investors ate it up. Soon, the yieldcos were producing more cash than the parent company could invest. “So they had to invest in unsecured assets,” namely the pre-development stages of projects already dropped into the yieldcos. “They were overpaying for assets . . . and that risk drove up the price of the assets.” The bubble burst. Days after announcing its plan to acquire Vivint Solar, SunEdison’s TerraForm Global filed its IPO and launched on Wall Street at 12.44, 17% below its 15 IPO price. Shares were down 20% early Tuesday, below 2. ‘Public Poster Child’ SunEdison may be the “public poster child” for the yieldco bubble burst, but SunEd’s downfall isn’t indicative of the broader solar market and asset class, Cohen says. “This is the failure of a capital market vehicle, as opposed to the failure of an asset class or the failure of one particular company,” he said. But, he acknowledged, SunEd was slugged particularly hard in the yieldco blast and investors are leery of ongoing financial storms. “Equity investors are discounting the value of SunEdison because management hasn’t proved its ability to execute on its strategy,” he said. “It seems overdone.” NRG Yield stock is down more than 50% since its peak near 28 last June. The  First Solar ( FSLR )– SunPower ( SPWR ) jointly-owned yieldco, 8point3 Energy Partners ( CAFD ), went public last June at 21 and is trading below 14, down 4.5% early Tuesday. July 20 proved to be SunEdison stock’s recent high point, at 33.45. Shares have traded around 1 since February. SunEdison was targeting aggressive growth via M&A and aiming to use yieldcos TerraForm Power and TerraForm Global to help pay for its investments, Zino says. Debt financing was available but more difficult, he says, considering SunEd’s heavily-leveraged balance sheet. ‘SunEdison Didn’t Have A Fallback’ Investors worried that SunEdison’s Vivint Solar acquisition was too much, too fast. Then, TerraForm Global opened far below its IPO price. “The fact SunEdison didn’t have a fallback, the fact they were getting too aggressive with these M&A deals was part of the reason we saw the investment community sell off on these yieldco vehicles,” Zino said. He added: “Once they weren’t able to tap the yieldcos anymore, that’s what really put SunEdison in the situation it’s in today.” Now, SunEdison is struggling to shop its assets around to third-party developers. In June, SunEd’s yieldcos would have bought those assets. Not now. And lacking newer financial statements, no bank will touch SunEd, Zino said. “Until they are able to get a resolution to the 10-K filing, we wouldn’t expect to see anything come out of the debt market, and it becomes problematic for the third-party market as well,” he said. “It becomes difficult for utilities to invest in SunEdison if they have no idea of the type of financial situation SunEdison is in.” And SunEd certainly can’t tap the equity market. Said Zino, “a precipitous decline in the yieldco prices had a direct impact on SunEdison stock and, as a result, we saw billions and billions (of dollars) in equity value wiped out from the yieldcos and SunEdison together.”