UNITE HERE Calls On Apple Employees to Assist in Any SEC Investigation:

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Apple Reveals New Product, But What About Last Year's Problem?

    CUPERTINO, Calif., Oct. 14 /-USNewswire/ -- Labor union UNITE HERE will join Apple at its Cupertino headquarters today as the company unveils its latest product. But UNITE HERE will seek revealing information about last year's laptops. Last Friday, Apple announced what many MacBook Pro owners already knew: Nvidia chips are failing in their 2007 and 2008 models. UNITE HERE will alert Apple employees today of their right to assist in any SEC investigation of Nvidia.

    

    An Apple Discussion forum user offers: "All my sympathies to anyone else who like me, took amazing care of their laptop . . . and ended up with a (in my case) 15-month-old brick."

    UNITE HERE has been pressing for an Nvidia recall of the affected chips and has already greeted hundreds of HP and Dell employees at their workplaces with informational leaflets on the Sarbanes-Oxley Act.

    The Sarbanes-Oxley Act protects employees by providing legal protection against any employment retaliation by any publicly-traded corporation, if they choose to provide information for such an investigation. (Title 18, U.S. Code, section 1514A).

    HP, Dell and now Apple laptops with Nvidia chips are known to be subject to failure; in July, Nvidia took a one-time $196 million charge to cover warranty and other costs associated with the product defect. Nvidia shareholders have filed a securities fraud suit raising expectations that that the federal SEC will investigate.

    Section 1107 of the SOX 18 U.S.C. 1513(e) states:

    "Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any federal offence, shall be fined under this title, imprisoned not more than 10 years, or both."

    Sample comments from Apple Discussion Forums

    http://discussions.apple.com/thread.jspa?threadID=1727530

    http://discussions.apple.com/thread.jspa?messageID=8144667&tstart=0

    "Looks like they are very busy with their new products to take care of their loyal customer base." -tequilaguru 7/13/08

    "I am so glad someone feels my pain" -Wisconsinner 10/3

    "Please Apple do something to recitfy the situation. These are $3000 PROFESSIONAL machines" -Alan Gordon/Nocca-remu 10/1/08

    "Great, now I am scared to get a MBP [Macbook Pro]" -S. Proctor 9/25/08

    "I hope Apple gets on the ball and says something formally... At least give us some peace of mind" -Coldcuts 7/14/08

    "As much I have been a long time Apple laptop supporter... I now feel very irritated, scared and annoyed" -Keven 9/28/08

    "$3000 for a computer, you should expect it to last you for many years without having to get it repaired." -discostu514

    "i convert many people to mac.... now is difficult for me to think I did the right thing." -Matteo Borbonese 9/26/08

    "I'm very sorry to say so, but this brand just lost me" -Hendrik Runte 10/8/08

    "Help, is apple going to do a recall?" -wretchedworm 7/11/08

    "Please Apple reply to all those people!" --Matteo Borbonese 10/2

    "Now, how do I convince my Apple Reseller that I have had the problem (distorted and scrambled video on the screen) and how can I be sure I am will not be getting an exact replacement (same GPU on same motherboard) that will fail subsequently. " -Ashley 10/10

    "This fix is not good enough, Apple now admittedly knows the part is faulty so it is there obligation to provide us with a recall that is clearly a DIFFERENT/CORRECTED part." --Dukka 10/10
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