Mr. Einhorn's lawsuit, filed in the federal court in Manhattan, argues that the very formulation of Apple's proxy statement violates Securities and Exchange Commission rules that allow shareholders to vote on "each matter" in the proposals.
As a result of a 2011 court ruling that overturned Securities and Exchange Commission (SEC) rules mandating universal proxy access, the Business Roundtable and the national Chamber of Commerce prevailed in their mistaken defence of corporations.
Their hard-won victories placed executive compensation and stock options under greater scrutiny and led to modest changes in proxyrules and voting procedures that empowered shareholders at the expense of officers and directors.