Fairfax Not Shedding Light on BlackBerry Deal

Fairfax

 

There is no update from Fairfax today on its buyout of BlackBerry. Since the initial offer much has changed:

Google and Everything Android are part of lawsuit with BlackBerry’s consortium partners, Rockstar:

https://pfcsystems.wordpress.com/2013/11/01/google-samsung-sued-by-consortium-owned-by-apple-microsoft-blackberry-sony/

and BlackBerry may be looking for a better partner:

https://pfcsystems.wordpress.com/2013/11/01/blackberry-looking-for-a-mutually-beneficial-partnership/

 

By Will Connors

Investors hoping to get an update on the deal to take BlackBerry Ltd.BB.T -1.34% private during Fairfax Financial Holdings Ltd.’sFFH.T -2.86% earnings call Friday morning were likely disappointed.

Fairfax, the Canadian insurer led by Prem Watsa, in late September struck a preliminary $4.7 billion deal to buy the shares of BlackBerry it didn’t already own and take the troubled smartphone company private. Since the announcement of the deal, which Fairfax can walk away from at no penalty, investors have reacted skeptically, sending BlackBerry shares down more than 11%.

On Friday, Fairfax held a conference call to discuss its own third-quarter financial results. As soon as the call was opened to analysts’ questions, a request for an update on the BlackBerry bid was put forth.

Mr. Watsa, Fairfax’s founder and chief executive, declined to comment and quickly moved on. Investors will have to wait til Monday, when the due diligence period for the BlackBerry deal expires, to get an update.

Source: http://blogs.wsj.com/canadarealtime/2013/11/01/fairfax-declines-to-shed-light-on-blackberry-deal-for-now/

Google, Samsung sued by consortium owned by Apple, Microsoft, BlackBerry, Sony and Ericsson

Google, Samsung sued by consortium owned by Apple, Microsoft, BlackBerry, Sony

Reuters, November 01, 2013

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The group that owns thousands of former Nortel patents filed a barrage of patent lawsuits on Thursday against cell phone manufacturers including Google, the company it outbid in the Nortel bankruptcy auction.Rockstar, the consortium that bought the Nortel patents for $4.5 billion, sued Samsung Electronics Co Ltd, HTC Corp, Huawei and four other companies for patent infringement in U.S. District Court in Texas. Rockstar is jointly owned by Apple, Microsoft, Blackberry, Ericsson and Sony.Google is accused of infringing seven patents. The patents cover technology that helps match Internet search terms with relevant advertising, the lawsuit said, which is the core of Google’s search business.A Google spokesman declined to comment. Representatives for Samsung, Huawei, HTC and Rockstar could not immediately be reached.Samsung, Huawei and HTC all manufacture phones that operate on Google’s Android operating system, which competes fiercely with Apple and Microsoft mobile products.

In 2011 Google placed an initial $900 million bid for Nortel’s patents. Google increased its bid several times, ultimately offering as much as $4.4 billion.

After losing out to Rockstar on the Nortel patents, Google went on to acquire Motorola Mobility for $12.5 billion, a deal driven partly by Motorola’s library of patents.

“Despite losing in its attempt to acquire the patents-in-suit at auction, Google has infringed and continues to infringe,” the lawsuit said.

Rockstar is seeking increased damages against Google, as it claims Google’s patent infringement is willful, according to the complaint.

The Google case in U.S. District Court, Eastern District of Texas is Rockstar Consortium US LP and Netstar Technologies LLC vs. Google, 13-893.

Source and © Thomson Reuters 2013

The lines are drawn and the sides for battle have been determined!  The Rockstar consortium including the partners, Apple, BlackBerry,Microsoft, SONY and Ericsson, are engaged in a lawsuit against Google and everything Android (Samsung, HTC, Huawei);

BlackBerry has new BFFs in its consortium partners, and one of these companies, or Lenovo, or Facebook, is on the right side to help BlackBerry, as discussed:

BlackBerry Looking For A Mutually Beneficial Partnership

https://pfcsystems.wordpress.com/2013/11/01/blackberry-looking-for-a-mutually-beneficial-partnership/

BlackBerry: Looking For a Mutually Beneficial Partnership

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by Darryl McKinnon and Fernando Commodari

Recently we’ve posted about why BlackBerry should remain publicly traded & in Canada:

https://pfcsystems.wordpress.com/2013/10/19/a-letter-to-members-of-the-canadian-parliament/

https://pfcsystems.wordpress.com/2013/10/27/blackberry-an-alternative-reality-an-alternative-future/

It’s not clear what the next few days will bring, but there are several options:

http://crackberry.com/here-s-what-happens-blackberry-november-4th

Fairfax

FAIRFAX

Looking at the Fairfax deal we can try to understand the synergies to it.  We can try to figure out why it may or may not make sense. With the facts being that if the BlackBerry management team, and the army of employees under them, were not able to complete the transition to date, why would Fairfax be able to do so? What mobile technology background does Prem Watsa have that BlackBerry currently doesn’t? There is none!  What social media/network experience with on site ads for BBM Channels does this deal bring to BlackBerry?  Again, none!

The Fairfax deal makes no sense except for Fairfax to get their original investment back out of BlackBerry. Firstly, the Board (with Prem Watsa, as a member) put the incentive in place for Thorsten Heins to sell BlackBerry and receive a massive payday by doing so. Then, in return, the BlackBerry CEO agrees to an ultra low sales price, a day after the stock price was trading higher.  Within the agreement to sell BlackBerry to Fairfax is a financial clause that if BlackBerry was to take another offer for the company, Fairfax is to receive $150 million. We’ve seen deals where if the buyer backs out there is a financial penalty to be paid to the company that was to be bought.  We’ve never seen a deal where if the seller finds a better offer they have to pay the original buyer! This clause is simply ridiculous! It’s set to ensure Fairfax gets paid handsomely for their efforts. Yet there’s no benefit for your average shareholder that has been vested in BlackBerry during the difficult times and still truly believes in the company and their technology!

http://empowerednews.net/nasdaqbbry-investor-alert-investigation-of-potential-takeover-of-blackberry-at-9/1845143/

Understanding the above, one asks the question, “Why would Fairfax set up a deal that begs for a superior offer?”- Fairfax has no interest in BlackBerry. They are a financial insurance company. They want their money back; and they’ll get it. It helps greatly if you’re at the table on both sides of the deal.

So what’s the end game then? Is it a sale of BlackBerry by any means possible? The assets are clear, the value is obvious, to those select companies that make it their business to know, BlackBerry’s current competition: Google, Apple, Microsoft, Facebook, Lenovo among others. All these companies have been or are currently rumored to be looking at BlackBerry to buy the company for its assets that the Fairfax deal has priced at half of book value. A steal by any assessment!

Knowing we are fast approaching November 4th, barring direct government support:

https://pfcsystems.wordpress.com/2013/10/19/a-letter-to-members-of-the-canadian-parliament/

there is more than one form of support that could work.

This support could come from one of the aforementioned prospective BlackBerry suitors. One can make a clear business case for anyone of these potential suitors to take a substantial stake in BlackBerry, instead of buying the company. Supporting the company with an infusion of cash and the perceived stability created from the newly formed partnership, would substantially lead to gains for both partners in the resurgence of BlackBerry.  A partnership has to be a match or fit that works for the two parties, and allows beneficial gains for each, from the union. With “partnership” being the key word, let’s, for the sake of a number, select a 49% stake from all of the current potential bidders and look at what the mutual benefits might be.

Facebook-Logo

Facebook

The synergies between BlackBerry & Facebook make sense, so let’s start there as many of the benefits can be repeated with some of the other prospective partners.

“A strong partner like FB would ensure the cash they need to complete transition while maintaining R&D, it would bring a fresh new appeal to the BBRY brand and surely increase device sales. It would bring Instagram, followed by other top apps and stop the BBRY’s dead news but hopefully it will force a radical change of management. I think the German guy failed and he was still too close to Mike Lazaridis. BBRY needs new and outsider blood in the management team and surely a brand new marketing team made of under 35’s super talented people.”

http://crackberry.com/node/182125

[We take issue with the under 35 part of the quote—LOL!]

Let’s say Facebook bought a 49% stake in BlackBerry and that the two companies started to work together. Facebook doesn’t make hardware. It’s not in their DNA. The deal instantly gives FB a huge stake in a massive hardware market with fantastic potential. Let’s admit it, hard work has been done with BB10. The foundation has been laid. The future is bright, yet again what BlackBerry needs is a bit more time and more intelligent and sustained marketing across the globe.

“They’ve [FaceBook} been pushing for their own platform for a while, and are obviously not thrilled with how Google is dealing with them. They pushed an update that allowed Facebook to bypass the Play Store as far as updates are concerned, and Google changed the terms of service on them, forcing apps to go through the Play Store for updates. Seems like they’re trying to get away from Android, they just don’t have any other option. Not sure BlackBerry would be a good fit, but maybe they just want to keep their options open?”

http://crackberry.com/node/182125

Time and marketing are what Facebook can provide for BlackBerry. By doing so they can drive the value of the deal and return huge value in their new hardware alliance/division. Facebook speaks to over 850 million users. They are in a premium position to get the much needed word out about BB10, with direct marketing and ads on their pages.

Facebook could also bring the mobile advertising expertise to assist the emerging BlackBerry Social Network, BlackBerry Channels. Facebook could even have its own exclusive channel!

applelogo

Apple

Let’s say Apple takes a 49% stake in BlackBerry. Even though Apple is ultra popular, the fact remains that they are losing the battle to Google and Android (think Samsung!). By supporting BlackBerry, Apple could again provide the time and money needed to complete the transition, that BlackBerry needs. Apple, by doing so, acquires a second front to battle Android. BlackBerry and Apple could work together improving Apple’s security. As BlackBerry grows, Apple retains the 49% of revenues.  This would be similar to the rescue that Microsoft and Bill Gates offered Apple, years ago.

googlelogo

Google

Let’s say Google buys a 49% stake in BlackBerry. This, as with the other prospective partnerships, would provide the time and funding for BlackBerry to market its new OS. Google could retain extra revenue, and share patents (so could any other partner!).  Google could advertise on BlackBerry Channels exclusively, using it’s expertise in on-line ad placements.  Additionally, Google is still first and foremost a service provider. They could develop their apps for BlackBerry and Google could be rewarded (like any other partner) with BlackBerry’s security/BES10 & enterprise offerings. If Google were to do this, it would lessen the view they might be approaching monopoly status with Android.  This is similar to the incentive Microsoft had with Apple back in the late 1980s.

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Microsoft

Let’s say Microsoft invests in a 49% stake in the company.  A non-compete agreement and cross IP sharing deal could be made, as with Google and Apple, or even Lenovo. This would give MS a serious new suite of security and MDM offerings to give it an edge over its competitors, Apple’s, iOS and Google’s, Android. Microsoft could seed BlackBerry OS10, diluting Android’s and iOs’ reach. Honestly, though, with its own strategy of seeding Windows 8, cross platform, we don’t see Microsoft buying a stake in BlackBerry for anything but the patents and BES10/NOC.

Samsung logo

Samsung

It is not clear that Samsung would want to partner with BlackBerry, as it has no more to gain than say Microsoft, Apple or Google.  Samsung is developing its own OS and already has its own version of Android that is very successful. It is neck and neck in the running with Apple for shear volume of hardware out in the global market.

Sony-logo

Sony

This company is like Lenovo, but with a bigger hardware presence outside its own borders. Sony could benefit from the new BlackBerry 10 OS on its handsets, helping to differentiate it from Android and iOS or even Windows 8. Also, Sony, like Lenovo, would have security advantages using the BlackBerry OS10 on cell phones, which might lead to easier access to the BlackBerry NOC/BES10 than for even Lenovo. Sony had a partnership with Ericsson which never amounted to larger market shares.  It might be willing to take a chance with a new BlackBerry partnership.  We note that BlackBerry OS 10 phones were left out of the Japanese market by BBRY.  Could this be a way to entice Sony with exclusivity in Japan, in exchange for its financial backing?

lenovo-logo-1

Lenovo

Let’s say Lenovo took a 49% or less  stake in the company. Currently Lenovo has no mobile OS to call its own. Gaining a toe hold into BB10 may actually benefit them the most. By only having a 49% or less holding in BlackBerry,  the security regulators would be hard pressed to frown upon the deal, if BlackBerry retains confidential the NOC and security side of the business.  Together, BlackBerry and Lenovo, could  dominate the Asian markets. Lenovo (like Facebook) would benefit in new ways that all the others wouldn’t, via the much needed mobile hardware/software and services expertise that BlackBerry would bring.  BlackBerry would gain the financial backing it needs to finish its transition to BlackBerry 10 and machine to machine ventures with the new BBM, NOC/BES10 services. This partnership offers both sides benefits, as in the case with Facebook, whereas any prospective Microsoft, Google, Apple partnership, would most benefit BlackBerry. Any control of BlackBerry by the latter three companies or even Samsung, would most likely lead to a sell off and break up of BlackBerry.

Maybe, in the end, the biggest motivator that each one of these prospective partners has to enter into a new partnership with BlackBerry is to simply stop one of the others from accomplishing it first. Also, any prospective partner could get an advantage, in addition to the patents, and NOC/BES10, in the new machine to machine world via BlackBerry’s QNX:

https://pfcsystems.wordpress.com/2013/10/27/blackberry-an-alternative-reality-an-alternative-future/

News is breaking everyday that supports BlackBerry’s market offerings of Security first, with its unique MDM able to control not only Blackberry devices, but also iOS and Android devices. A cloud capability is also coming soon. Security is a marketable feature and BlackBerry needs to do a better job of advertising it, not only to enterprise grade customers but also to their everyday consumers who would be leery to learn about the databases of SMS and e-mail messages Google collects.

In summary, BlackBerry needs capital to market its new BlackBerry 10 portfolio and to buy it time to do so while completing its transition to the new platform while bringing new NOC services to the public/enterprise, BES10, BBM and BBM Channels.  The two most obvious/often recognized suitors that would also gain most from a partnership with BlackBerry, are Lenovo and Facebook.  Sony would also gain as much, if not as prominent a suitor. It’s not likely that Facebook has the assets on hand to flat out buy BlackBerry.  Even if Lenovo could do so, it would face regulatory issues in Canada and the USA, leaving a partnership option the only path to move forward.  Apple, Microsoft and Google, would have less to gain from a partnership with BlackBerry, having their own hardware/software vertically integrated, already.  These three companies, as well as Samsung, would most likely use the patent portfolio and the NOC/BES10 secure servers/software to their advantages in gaining access to enterprise clients.

Stay tuned, as the cat will be let out of the bag, on or before November 4, 2013!  Ofcourse, BlackBerry may decide to stay the course, on its own, public and Canadian, having acquired a second wind.  Or, perhaps Mike Lazaridis might come into the picture, as part of the Fairfax deal or with other partners. What does your crystal ball say will happen?  Tell us below in the comments!

UPDATE November 1, 2013 11:00 am:

The lines are drawn and the sides for battle have been determined!  The Rockstar consortium including the partners, Apple, BlackBerry,Microsoft, SONY and Ericsson, are engaged in a lawsuit against Google and everything Android (Samsung, HTC, Huawei);

BlackBerry has new BFFs in its consortium partners, and one of these companies, or Lenovo, or Facebook, is on the right side to help BlackBerry as discussed above!  Check this out:

Google, Samsung Sued by “Rockstar” Consortium

https://pfcsystems.wordpress.com/2013/11/01/google-samsung-sued-by-consortium-owned-by-apple-microsoft-blackberry-sony/

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Co-founders Mike Lazaridis and Douglas Fregin May Rescue BlackBerry

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BlackBerry Ltd. (BB) co-founders Mike Lazaridis and Douglas Fregin said they may make a takeover offer for the struggling smartphone maker.
The former BlackBerry executives have hired Goldman Sachs Group Inc. and Centerview Partners LLC to help them study their options, according to a filing today. They signed an agreement to work together on any potential offer.
A bid for Waterloo, Ontario-based BlackBerry would compete with a $4.7 billion offer from Fairfax Financial Holdings Ltd. (FFH), the company’s biggest shareholder, which is seeking partners to help finance a buyout. BlackBerry put itself up for sale after it failed to gain back market share with new products following years of losing ground to Apple Inc. and Samsung Electronics Co.
Lazaridis and Fregin are considering a joint bid “with the goal of stabilizing and ultimately reinventing the company based on a plan developed by them,” they said in the filing. Lazaridis declined to comment.
BlackBerry rose as much as 2.1 percent in New York trading after the filing was released. It was up 0.5 percent to $8.15 at 2:09 p.m., still below Fairfax’s $9-a-share proposal. The co-founders together control 8 percent of BlackBerry’s shares, the filing said. Toronto-based Fairfax has a 9.9 percent stake.
A special committee of BlackBerry’s board continues to review its options, Lisette Kwong, a spokeswoman for BlackBerry, said in an e-mail.
“We do not intend to disclose further developments with respect to the process until we approve a specific transaction or otherwise conclude the review of strategic alternatives,” she said.
Paul Rivett, president of Fairfax, didn’t immediately respond to phone calls and e-mails seeking comment.
Old Friends
Lazaridis, the former co-chief executive officer, and Fregin, its ex-vice president of operations, have been friends since the fifth grade and co-founded BlackBerry while they were engineering students. They now own Quantum Valley Investments, which focuses on developing quantum computing technology.
Since quitting the top job at BlackBerry and then leaving its board in March, Lazaridis has focused his attention on quantum computing and nanotechnology, the science and technology of things approaching the size of an atom.
Fregin left BlackBerry in 2007. Thorstein Heins became CEO of the company last year, and Lazaridis stayed on as vice chairman until May.
While Lazaridis and Fregin say they have a turnaround plan for BlackBerry, the company is now more open to a breakup amid concerns that Fairfax may be unable to line up funding or partners for its takeover offer, a person with knowledge of the matter said.
Companies such as SAP AG (SAP), Cisco Systems Inc. and Samsung, which were approached last week by BlackBerry advisers, have indicated they’re only interested in parts of the company, people familiar with the discussion said.
A breakup would let parties bid for BlackBerry’s most valuable pieces, such as its patents or enterprise network, said the people, who asked not to be identified because the talks are private.
To contact the reporters on this story: Hugo Miller in Toronto at hugomiller@bloomberg.net; Katia Dmitrieva in Toronto at edmitrieva1@bloomberg.net
To contact the editor responsible for this story: Nick Turner at nturner7@bloomberg.net

Source: http://mobile.businessweek.com/news/2013-10-10/blackberry-co-founders-lazaridis-fregin-consider-takeover

BlackBerry In US Federal Law Suit:Pearlstein et al v. BlackBerry Inc et al, U.S. District Court, Southern District of New York, No. 13-7060

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A class action suit has been filed in the US Federal Court’s SDNY: Pearlstein et al v. BlackBerry Inc et al, U.S. District Court, Southern District of New York, No. 13-7060.  Reuters reports:

By Nick Brown

NEW YORK | Fri Oct 4, 2013 9:35pm EDT

(Reuters) – A shareholder of BlackBerry Ltd sued the company and its executives on Friday, accusing them of inflating the stock price by painting a misleadingly rosy picture of the business prospects of its BlackBerry 10 smartphone line.

Waterloo, Ontario-based BlackBerry, formerly Research In Motion Ltd, misled investors last year by saying that the company was “progressing on its financial and operational commitments,” and that previews of its BlackBerry 10 platform were well received by developers, according to shareholder Marvin Pearlstein in a lawsuit lodged in Manhattan federal court.

Pearlstein is seeking to represent a class of “thousands” of shareholders who bought stock between September 27, 2012, when the company touted its strong financial position, and September 20 of this year, when it revealed it would have to write down between $930 million and $960 million related to unsold BlackBerry 10 devices, according to the lawsuit.

“In reality, the BlackBerry 10 was not well-received by the market, and the company was forced to … lay off approximately 4,500 employees, totaling approximately 40 percent of its total workforce,” the complaint alleges.

In addition to BlackBerry, Chief Executive Thorsten Heins and Chief Financial Officer Brian Bidulka are named as defendants. A spokeswoman for BlackBerry declined to comment.

BlackBerry put itself on the block in August after bleeding market share to other smartphone makers over the past few years, namely Apple Inc and Google Inc. It accepted a tentative offer of $4.7 billion from Fairfax Financial Holdings last month.

Several sources close to the matter told Reuters the company is in talks with Cisco Systems,Google and SAP about selling all or part of itself. BlackBerry has also asked for preliminary expressions of interest from Intel Corp and Asian companies LG and Samsung by early next week. Cerberus Capital Management was reported to have expressed such interest on Wednesday.

According to the lawsuit, the write-down announced on September 20 sent stocks reeling, with share price dropping 24 percent, from $10.52 on September 19 to $8.01 on September 25. The 35-page complaint asserts two violations of the Securities and Exchange Act of 1934.

It is not the first time BlackBerry has been in trouble with investors. A judge threw out a 2011 lawsuit by a proposed class of stockholders who said the company misled them about the prospects of its then-new line of tablet and other products. The plaintiffs in that case have appealed the decision.

The latest lawsuit is Pearlstein et al v. BlackBerry Inc et al, U.S. District Court, Southern District of New York, No. 13-7060.

(Reporting by Nick Brown; Editing by Prudence Crowther)

 

source: http://www.reuters.com/article/2013/10/05/us-blackberry-lawsuit-idUSBRE99400U20131005

 

From The Wall Street Journal:

 

Kahn Swick & Foti, LLC and Former Louisiana Attorney General File Suit Against BlackBerry Limited: Remind Investors With Large Financial Interests of Important December 3, 2013 Deadline – BBRY

NEW ORLEANS, LA–(Marketwired – Oct 4, 2013) – Kahn Swick & Foti, LLC (“KSF”) and KSF partner, Former Attorney General of Louisiana Charles C. Foti, Jr., announce the commencement of the firm’s securities class action lawsuit against BlackBerry Limited (“BlackBerry” or the “Company”) (NASDAQ: BBRY). The lawsuit was filed in the United States District Court for the Southern District of New York on behalf of purchasers of BlackBerry common stock between September 27, 2012 and September 20, 2013 (the “Class Period”).

What You May Do

If you are a BlackBerry shareholder and would like to discuss your legal rights and how this case might affect you and your right to recover for your economic loss, you may, without obligation or cost to you, e-mail or call KSF Managing Partner, Lewis Kahn (lewis.kahn@ksfcounsel.com), or KSF Partner Melinda Nicholson (melinda.nicholson@ksfcounsel.com), toll free at 1-877-515-1850. If you wish to serve as a lead plaintiff in this class action by overseeing lead counsel with the goal of obtaining a fair and just resolution, you must request this position by application to the Court by December 3, 2013. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. KSF encourages both institutional and individual purchasers of BlackBerry to contact the firm. The ultimate resolution of any securities class action is strengthened through the involvement of aggrieved shareholders and lead plaintiffs who have large financial interests. KSF also encourages anyone with information regarding BlackBerry’s conduct during the period in question to contact the firm, including whistleblowers, former employees, shareholders and others.

About the Lawsuit

BlackBerry and certain of its officers and directors are charged with making a series of materially false and misleading statements and omissions related to the Company’s business and operations in violation of the Securities Exchange Act of 1934. Specifically, BlackBerry failed to inform investors that, contrary to the Company’s statements that its new BlackBerry 10 line of smart phones financially strengthened BlackBerry and positioned the Company on the road to recovery, BlackBerry’s business, operations and financial situation was made even worse by the introduction of the BlackBerry 10 platform, which was poorly received by the market.

On September 20, 2013, BlackBerry announced the true state of the Company, which incurred massive charges due to unsold BlackBerry 10 devices and was forced to lay-off approximately 40% of its workforce. In relevant part, the release explained:

[The Company] expects to report a primarily non-cash, pre-tax charge against inventory and supply commitments in the second quarter of approximately $930 million to $960 million, which is primarily attributable to BlackBerry Z10 devices.

Furthermore, the Company also announced that it is targeting an approximate 50% reduction in operating expenditures by the end of the first quarter of Fiscal 2015. As part of this, BlackBerry will implement a workforce reduction of approximately 4,500 positions or approximately 40% of the Company’s global workforce resulting in a total workforce of approximately 7,000 full-time global employees.

As a result of the foregoing disclosure, BlackBerry stock plummeted from a closing price of $10.52 per share on September 19, 2013 to a close of $8.73 per share on September 20, 2013. The value of BlackBerry stock continued to slide on heavy trading volume over the next few days as investors digested the bad news, and closed at $8.01 on September 25, 2013.

About Kahn Swick & Foti, LLC

To learn more about KSF, whose partners include the Former Louisiana Attorney General, Charles C. Foti, Jr., and other lawyers with significant experience litigating complex securities class actions nationwide on behalf of both institutional and individual shareholders, you may visit http://www.ksfcounsel.com.

Contact:

Kahn Swick & Foti, LLC

Lewis Kahn

Managing Partner

lewis.kahn@ksfcounsel.com

Melinda Nicholson

Partner

melinda.nicholson@ksfcounsel.com

1-877-515-1850

206 Covington St.

Madisonville, LA 70447

 

source: http://online.wsj.com/article/PR-CO-20131004-912833.html

Native ABC and ABC Family Apps For BlackBerry OS 10

If you reside in the USA, you can now watch “ABC” and “ABC Family” programs  on your BlackBerry OS 10 smartphone. You can even stream the content via the micro -HDMI onto your big screen from your Z10 or Q10 or DEV C.

The icons are a bit different On the Q10 compared to the Z10 for menu choices.

On Q10/Dev C:

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On Z10:

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Get these free apps from BlackBerry World!

Get Our PFCSYSTEMS App for Free

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“Providing factual, well researched articles that people can use to enhance their livelihood with articles that filter through the “hype” focusing on how entertainment, food, news, science, technology and travel impact people’s lives.”

Some love to share, something free for you! After the delay in the cross platform BBM launch, and as BlackBerry is potentially going private (sold!), we have decided to offer our app for free! It’s available for all BlackBerry devices including legacy devices and the PlayBook. There’s no excuse not to get it and be on top of some great recipes, entertainment, travel, technology and stock-market news with original photography and restaurant reviews.  Get it here:

http://appworld.blackberry.com/webstore/content/24419891/

pfcsystems (v1)

FREE

Download

By PFC Systems, Inc.

  • Required Device Software
  • Operating System: 5.0.0 or higher
    Tablet: 1.0.7 or higher
    BB10 Smartphone: 10.0.0 or higher

Instructions
Check out some screen shots here:

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Trading on BBRY Halted As Sale Is Made

Prem Watsa’s Fairfax Financial and a consortium of other firms have offered BlackBerry Ltd (BBRY) $9 a share to go private.

BlackBerry has signed a letter of intent with Fairfax Financial that means the company could soon be sold in a $4.7 billion deal. While a letter of intent isn’t a binding contract, it does bode well for BlackBerry and, if everything pans out, it could mean BlackBerry will go private in the very near future.
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Press Release

*BlackBerry shareholders would receive U.S. $9 per share in cash
*Transaction valued at approximately U.S. $4.7 billion
*Consortium permitted 6 weeks to conduct due diligence
*BlackBerry entitled to go-shop during due diligence period, subject to payment of a termination fee in the event alternative offer accepted
WATERLOO, ONTARIO–(Marketwired – September 23, 2013) – BlackBerry Limited (NASDAQ: BBRY)(TSX: BB) today announced it has signed a letter of intent agreement (“LOI”) under which a consortium to be led by Fairfax Financial Holdings Limited (“Fairfax”) has offered to acquire the company subject to due diligence.

The letter of intent contemplates a transaction in which BlackBerry shareholders would receive U.S. $9 in cash for each share of BlackBerry share they hold, in a transaction valued at approximately U.S. $4.7 billion. The consortium would acquire for cash all of the outstanding shares of BlackBerry not held by Fairfax. Fairfax, which owns approximately 10 percent of BlackBerry’s common shares, intends to contribute the shares of BlackBerry it currently holds into the transaction.

The BlackBerry Board of Directors, acting on the recommendation of a special committee of the board of directors (the “Special Committee”), approved the terms of the LOI under which the consortium, which is seeking financing from BofA Merrill Lynch and BMO Capital Markets, would acquire BlackBerry and take the company private subject to a number of conditions, including due diligence, negotiation and execution of a definitive agreement (the “Definitive Agreement”) and customary regulatory approvals.

The Special Committee, chaired by Director Tim Dattels, was formed in August 2013 to review strategic alternatives for the company. J.P. Morgan and Perella Weinberg are acting as financial advisors and Skadden, Arps, Slate, Meagher & Flom LLP and Torys LLP are acting as legal advisors.

Diligence is expected to be complete by November 4, 2013 (“Diligence Period”). The parties’ intention is to negotiate and execute a definitive transaction agreement by such date. During such period, BlackBerry is permitted to actively solicit, receive, evaluate and potentially enter into negotiations with parties that offer alternative proposals (“Alternative Transactions”).

If (A) during the Diligence Period (i) BlackBerry enters into any letter of intent or definitive agreement providing for an Alternative Transaction, (ii) BlackBerry ceases to negotiate with the consortium in good faith with a view to entering into the Definitive Agreement by the end of the Diligence Period, or (iii) an Alternative Transaction is publicly proposed or publicly announced and is consummated within 6 months following the end of the Diligence Period, or (B) during the 3 month period following the end of the Diligence Period, BlackBerry enters into any agreement providing for an Alternative Transaction with a person with whom discussions were held before or during the Diligence Period, then BlackBerry shall pay Fairfax a fee of U.S. $0.30 per BlackBerry share, provided, however, that no such fee shall be payable if the consortium shall have reduced the price offered below U.S. $9.00 per share without the approval of the board of directors of BlackBerry. In the event that a definitive agreement is signed with Fairfax the termination fee will increase to U.S. $ 0.50 per share.

Barbara Stymiest, Chair of BlackBerry’s Board of Directors, said: “The Special Committee is seeking the best available outcome for the Company’s constituents, including for shareholders. Importantly, the go-shop process provides an opportunity to determine if there are alternatives superior to the present proposal from the Fairfax consortium.”

Prem Watsa, Chairman and CEO of Fairfax, said: “We believe this transaction will open an exciting new private chapter for BlackBerry, its customers, carriers and employees. We can deliver immediate value to shareholders, while we continue the execution of a long-term strategy in a private company with a focus on delivering superior and secure enterprise solutions to BlackBerry customers around the world.”

In addition to the consortium and its lenders being satisfied with all aspects of the due diligence to be carried out by them during the Diligence Period and the negotiation and execution of a binding definitive agreement approved by the board of BlackBerry, completion of the transaction will be subject to other customary conditions, including receipt of required regulatory approvals. There can be no assurance that due diligence will be satisfactory, that financing will be obtained, that a definitive agreement will be entered into or that the transaction will be consummated.

BDT & Company, LLC, BofA Merrill Lynch and BMO Capital Markets are acting as financial advisors, and Shearman & Sterling LLP and McCarthy Tetrault LLP are acting as legal advisors to Fairfax in connection with the transaction.

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Those of us who were there for BBRY long on the stock will get screwed while BlackBerry management will get golden parachutes. What are your thoughts on this development?

Modern Combat 4

by Fernando Commodari

So, I took advantage of the free downloads and got a cool game for my BlackBerry DEV C, “Modern Combat 4”. It’s your typical role play game similar to “Call of Duty”. The graphics are superb, and I’m surprised that it is fun and engaging even on the smaller phone form factor. With the micro HDMI cable that I got at Amazon for a ridiculous price, I can play the game on my big screen with a very immersive gaming experience.

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If in Canada, you can get this game for free with BlackBerry’s “FallApps” promotion, until October 31, 2013!

Blogged on my BlackBerry Dev Alpha C using WordPress for Android.

Six Core BlackBerry Z30 With OS 10.2

xl_blackberry z30New Z30/A10 in between a Z10 and Q10 (image source: Crackberry.com)

The first 5″ phablet by BlackBerry is coming soon, apparently slated for November, 2013. BlackBerry needs to go all out with marketing for this six core: (rumored 2 CPU cores and 4 GPU cores) device which will include OS 10.2 with headless apps, toast notifications and more updates to the OS with Priority HUB notifications.  There is nothing on the market like the QNX based BlackBerry OS 10 phones.  It is unfortunate that the media, analysts and carrier reps are so brain-washed and ignorant of the re-designed BlackBerry 10 phones. This is a serious failing of BlackBerry Marketing!  The phones need to be marketed to the point that buyers ask for them at carrier stores in spite of sales reps that might be pushing other out-dated products based on mis-information, rumors, Apple, or other cell phone OEM dollar incentives (SPIFFS)  and innuendo!

Check out a video below:

BlackBerry at The Toronto International Film Festival

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BlackBerry is supporting the Toronto International Film Festival again this year, with a particular focus on the “People’s Choice Award”.  Of note is the TIFF app for BlackBerry OS 10:

http://appworld.blackberry.com/webstore/content/130861/?countrycode=US

press release:

BlackBerry takes home silver IDSA award for design of TIFF Festival’s 2012 BlackBerry People’s Choice Awards, receives honourable mention for BlackBerry Q10 and  Z10 designs

BlackBerry is proud to announce that it is once again an official sponsor of the 2013 Toronto International Film Festival®. As one of the industry’s most anticipated events of the year, the Festival  is a preeminent cultural festival that brings together filmmakers, industry professionals and celebrities to present the best of Canadian and international cinema to film lovers. BlackBerry strives to provide people with the tools they need to succeed, and by sponsoring the BlackBerry People’s Choice Awards, it will support filmmakers in doing what they do best: making great films.

“BlackBerry has long stood by our mission to champion ambition and support professionals, artists, and students on their journeys to achieving excellence,” said Andrew MacLeod, Managing Director Canada at BlackBerry. “We believe that our products and services help people to succeed, and our sponsorship of the BlackBerry People’s Choice Awards is in keeping with this goal. These awards have historically been strong indicators of success for many films, and have stood as beacons for ambition and aspiration.”

A TIFF  app for BlackBerry is available at BlackBerry World, and is designed to enhance interaction between TIFF and festival goers. The app will provide information about the films, programmes, schedules, venues and events, access to festival photos and film trailers, as well as the ability to customize their TIFF Festival schedule with recommended viewings based on their interests.

Last year, the BlackBerry design team was challenged to create a portfolio of People’s Choice Awards that would represent the BlackBerry brand and showcase TIFF’s heritage. The design recently won a Silver IDEA award from the Industrial Designers Society of America (IDSA) for its unique and iconic shape and utility. Speaking to BlackBerry’s commitment to empowering people to succeed, the BlackBerry design team included the contributions of an intern from the Ontario College of Art & Design (OCAD) University. The awards were created with BlackBerry products’ attributes in mind: multi-functionality, seamless integration and performance. Each of the three awards had their own unique colour and finish that reflected the category’s characteristics. They were built from a solid block of aluminum and featured a surprise viewfinder at the top of each award. By looking through them, recipients found the awards doubled as light-box theatres that featured stills from the winning films. Additionally, BlackBerry won honourable mentions from IDSA for the designs of the BlackBerry® Q10 and BlackBerry® Z10 smartphones.

Once again, at TIFF Festival 2013, these awards will be given out to the most popular films as voted by audiences in three submission categories: the BlackBerry People’s Choice Award, the major prize given to the most popular feature-length film with the highest ratings; the BlackBerry People’s Choice Documentary Award, for the most popular documentary film in the Festival; and the BlackBerry People’s Choice Midnight Madness Award, given to the most popular screening of Midnight Madness films. TIFF Festival moviegoers will be able to vote via one of two methods: In person at the movie theatre by submitting the ballot end of their ticket into an official BlackBerry People’s Choice Award voting box, or by visiting the tiff.net/vote  and using the tracking number  on their ticket stub to vote. The winners of the BlackBerry People’s Choice Awards will be announced at the Official Festival Awards Brunch on September 15th, 2013.

As the original makers of smartphones, BlackBerry has always provided the devices of choice for people with a voracious appetite for getting the job done. The release of BlackBerry® 10 keeps users moving faster and more efficiently and effectively. BlackBerry’s sponsorship of TIFF Festival showcases its passion for success and ambition at one of Canada’s most important cultural festivals.

My BlackBerry Dev Alpha C is Bricked

I turned off my recently acquired BlackBerry Dev Alpha C only to find it bricked on re boot with a message thanking me for participating in the Dev Alpha Program which is now over. The most annoying thing is that I have photos on the device not yet backed up! Has anyone else experienced this today? Sound off in the comments. Any ideas on how to save my photos before I wipe the device?

BlackBerry A10 With 5″ Screen Shows Up in A Video

Rumor has it that the new “Aristo” is not much wider than the Z10, and only slightly taller with a thinner bezel to lead to a 5″ view able screen. The final specifications are still debatable and unknown, but here is a video of apparently the new A10, where you will notice the extra white “space” when the settings app is launched and that 16 app icons do not fill the screen as in the Z10:

BlackBerry Rumored A10 Features and Specs:

  • Processor: Dual Core 1.7GHz Qualcomm MSM8960 Pro, Quad Core GPU
  • Radio: LTE/CDMA/HSPA+, LTE/HSPA+
  • Display: 5″ OLED, HD/WXGA, 1280×720, 24-bit color, S-Stripe Pixel Arrangement, 295ppi
  • Dimensions: 140.7 x 72 x 9.4mm (9.7 Verizon)
  • OS: BlackBerry OS 10.2
  • Camera: 8.0MP Rear Camera with flash, IS 5X / 2.0MP Front Camera IS 5X
  • Memory: 16GB + 2GB(RAM) + 64GB uSB (hot-swap)
  • Connectors: Micro USB, Micro HDMI out
  • Sensors: Ambient Light, Proximity, Accelerometer, Gyroscope, Magnetometer, Altimeter
  • WiFi: 802.11 a/b/g/n (4G Mobile Hotspot)
  • Battery: 2800 mAh Integrated
  • Other: NFC, DLNA, Micro SIM

(Source: http://forums.crackberry.com/blackberry-a10-f401/blackberry-series-specifications-828901/)

Priced To Move: BlackBerry Z10

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If you have been holding back on a Z10 or did not want to spend much to give the new OS a whirl, now is your chance to get a new BlackBerry phone. The device previously sold for $199 with a new two-year contract, on AT&T and Verizon.  T-Mobile has it for $99 with their new plan. Now Amazon is offering the Z10 at $49 price with a two-year contract. Meanwhile, Best Buy has matched Amazon’s $49 price for the Verizon version of the Z10, however, the AT&T version is actually available for free at Best Buy. Verizon and AT&T cut the price of the Z10 to $99.99 with a two-year activation. Unfortunately, we don’t know how long these promotions will last. It appears that with the new Q10 just out and the Q5 also now available, it was time to adjust the price on the Z10, especially with the new A10 rumored to be on sale in the next couple of months. A BlackBerry spokesperson maintains that “now is the right time to adjust the price” as newer models are coming.

The device sells for about $700 without a contract.

Moving to OS10.1.0.1485 On My BlackBerry Dev Alpha A

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For the longest time, I had been running BlackBerry OS 10.0.10.648  on my Dev Alpha A full on. I was very happy with it. I even had the latest BBM Channels with the updated BBM app:

How to Update Your BBM App to Include BBM Channels

I decided to finally remove the SIM from my trusted Dev Alpha A whose form factor I love, and open up my Z10 which now is my STL-3 phone running OS 10.1.0.2006.  I managed to update my Dev Alpha A to the developer OS10.1.0.1485 which for some reason does not allow configuration of the native Twitter, Facebook and LinkedIn apps.  This is not a problem since I have the android versions side-loaded:

Side Loading Android Apps onto Your Playbook or BlackBerry 10 Device

I used the STL-100-1 autoloader from:

http://developer.blackberry.com/blackberry10devalpha/devalpha_update.html

even if the site recommends the Dev Alpha B uploader for Dev Alpha A devices (which are no longer supported).  Everything works fine.  Has anyone tried the Dev Alpha B Autoloaders on the Dev Alpha A? Comment below about your findings.

As I am using BBM ad BBM Channels on my new Z10, I have not updated the  BBM app on the Dev Alpha A with OS10.1.0.1485.  It worked fine with OS 10.0.10.648.

Prior to OS10.1.0.1485, I had tried some other (unofficial hybrid/non-BlackBerry released) versions that led to problems involving random/unpredictable reboots of the device, even during the set-up.  These were STL-100-1 versions of : OS 10.1.0.4543 and OS 10.1.0.2354. After putting these OS versions on the device, I tried to go back to OS 10.0.10.648, but this autoloader would crash, likely since I had a newer version of the OS. So, I decided to move forward with OS10.1.0.1485.

I am enjoying Netflix on my Dev Alpha A and Z10:

Older Android Version of Netflix Available For BlackBerry Z10

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The differneces between the Dev Alpha A and B devices are outlined here:

http://devblog.blackberry.com/2012/10/blackberry-10-dev-alpha-a-b-specs/

You can find information on how to use an autoloader executeable file here:

Upgrading Your BlackBerry 10 Dev Alpha A or B to the Real Thing (BB10 OS 10.0.10.261)

The Keep Moving Experience Produced by Alicia Keys BlacKBerry Live 2013

Attendees joined entertainers Miguel, Alabama Shakes, Maria Gadú, and Cedric Gervais, hosted by Alicia Keys, on Tuesday May 14th from 7:00pm – 11:00pm for a special experience that had been curated by Alicia Keys, Global Creative Director at BlackBerry®. The night offered fun, entertainment and a chance for attendees to get to know their fellow conference attendees at Universal Studios Florida®.

It was an unprecedented night of musical and artistic collaboration!  Once the song was over the dance and food began!

Universal Studios Florida®

Following the musical performance, BlackBerry Live™ attendees had exclusive access to Universal Studios Florida. They got behind the scenes, beyond the screen, and jumped right into the action of their favorite films at the world’s premier movie and TV based theme park.

BlackBerry Live™ Party Universal Studios Florida

Attendees had unlimited access to incredible rides and attractions like Shrek 4-D, Hollywood Rip Ride Rockit®, Revenge of the Mummy®, Terminator 2®: 3-D and more! It was  a universe of action and excitement!

Alicia Keys

Alicia Keys, Global Creative Director, BlackBerry
Miguel

Miguel
Maria Gadú

Maria Gadú
Alabama Shakes

Alabama Shakes
Cedric Gervais

Cedric Gervais

Find info and source for some of the above  images here: Keep Moving Experience 2013

Our original photos are below–Enjoy!

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The Simple Things in Life are Good!IMG_00001155

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How is The Q10 Selling at T-Mobile?

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Yesterday, I visited a local T-Mobile store that I have been to in the past, when the Z10 launched.  The Q10, unlike the Z10 was prominently displayed on a center store table with the other hot phones.  I was told that the Q10 is doing much better than the Z10 and that one Q10 was selling for every four Samsung Galaxy S4 phones.  The sales people agreed that BlackBerry has a unique market with the Q10 and that many die hard physical QWERTY users are loving the new phone and asking for it.IMG_00001051