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Re: Toxic Avenger post# 134537

Tuesday, 09/20/2011 10:35:13 AM

Tuesday, September 20, 2011 10:35:13 AM

Post# of 312019
Don't all publicly traded companies have "Risk Factors"? That often play to the worst-case scenario? Wouldn't that be fair and objective to say?

For example, let's pick the richest company in the world, AAPL. I won't cut and paste the *pages* of Risk Factors they've identified, but here's the last 10Q (notice how if you focused solely on this, and tried to spin it, one would never buy AAPL):

* Economic conditions could materially adversely affect the Company.
* Global markets for the Company’s products and services are highly competitive and subject to rapid technological change. If the Company is unable to compete effectively in these markets, its financial condition and operating results could be materially adversely affected.
* To remain competitive and stimulate customer demand, the Company must successfully manage frequent product introductions and transitions.
* The Company faces substantial inventory and other asset risk in addition to purchase commitment cancellation risk.
* Future operating results depend upon the Company’s ability to obtain key components including but not limited to microprocessors, NAND flash memory, DRAM and LCDs at favorable prices and in sufficient quantities.
* The Company depends on component and product manufacturing and logistical services provided by third parties, many of whom are located outside of the U.S.
* The Company relies on third-party intellectual property and digital content, which may not be available to the Company on commercially reasonable terms or at all.
* The Company’s future results could be materially adversely affected if it is found to have infringed on intellectual property rights



And on and on and on ... I could keep going. There are pages worth of stuff in there. In addition, there's a lot of lawsuits that this company is involved in. And here's their disclaimer for those lawsuits:

As of June 25, 2011, the end of the quarterly period covered by this report, the Company was subject to the various legal proceedings and claims discussed below, as well as certain other legal proceedings and claims that have not been fully resolved and that have arisen in the ordinary course of business. In the opinion of management, there was not least a reasonable possibility the Company may have incurred a material loss, or a material loss in excess of a recorded accrual, with respect to loss contingencies. However, the outcome of legal proceedings and claims brought against the Company are subject to significant uncertainty. Therefore, although management considers the likelihood of such an outcome to be remote, if one or more of these legal matters were resolved against the Company in the same reporting period for amounts in excess of management’s expectations, the Company’s condensed consolidated financial statements of a particular reporting period could be materially adversely affected.



I mean, whether any of us believe that JBII is a scam or not, don't we want to be fair in this evaluation? Thoughts?