Chapman Capital Demands Audit of eSpeed - Cantor Fitzgerald Joint Services Agreement
March 21 2007 - 11:39AM
PR Newswire (US)
Investment Advisor Reiterates Demand for Sale of Company LOS
ANGELES, March 21 /PRNewswire/ -- Chapman Capital L.L.C.,
investment advisor to two investment funds that together own 9.3%
of the Class A common shares of eSpeed, Inc. (NASDAQ:ESPD)
("eSpeed" or "the Company"), today announced its demand that
eSpeed's Board of Directors retain an independent auditor
specializing in corporate governance, distinct from eSpeed/BGC
Partners/Cantor Fitzgerald's shared financial auditor Deloitte
& Touche LLP, to review the Joint Services Agreement (the
"JSA") between eSpeed and Cantor Fitzgerald-related entities. The
goal of such audit would be to confirm or invalidate the related
parties' claims that the JSA, as well as subsequent and associated
transactions and agreements, were negotiated and have been executed
in an arms-length fashion. Robert L. Chapman, Jr., Managing Member
of Chapman Capital, commented, "This week, the U.S. Court of
Appeals for the Federal Circuit in Washington affirmed a lower
court's ruling that a jury-invalidated patent was unenforceable due
to Cantor's inequitable conduct in the prosecution of the patent.
Specifically, Circuit Judge Kimberly Moore wrote in her 17-page
ruling that Cantor's 'declarations included material false
statements and were submitted with an intent to deceive.' This
ruling fortifies Chapman Capital's apprehension that eSpeed itself
may continue to incur significant licensing and other expenses, or
may relinquish significant market data and other revenues,
unnecessarily or improperly for the benefit of Cantor Fitzgerald.
Given that eSpeed's Board of Directors (the "Board") apparently has
approved CEO Howard Lutnick's decision to have eSpeed expend
extraordinary sums on this patent litigation alone, purportedly for
the benefit of eSpeed itself, it would be egregiously canting for
eSpeed's Board to reject Chapman Capital's demand that a fraction
of such legal costs be expended to scrutinize the legitimacy and
fairness off all significant inter-company agreements and
policies." Chapman Capital also reiterated its demand that the
value of eSpeed's Class A shares be maximized via conversion of all
Class B common shares into Class A common stock, followed by the
full scale auction of the Company. Regarding these matters, Mr.
Chapman stated, "Chapman Capital remains disconcerted by potential
conflicts of interest that may exist due to cross- management roles
between eSpeed, BGC and Cantor. Following the path of fellow
Delaware-incorporated public companies Conoco Inc., Agere Systems
Inc. and Pacific Health Systems, Inc., Mr. Lutnick should be forced
to collapse the dual voting ownership structure that Chapman
Capital believes entrenches eSpeed management and may obstruct any
bid for the change-of-control of the Company." Chapman Capital
expects to file an amended Schedule 13D with the Securities and
Exchange Commission detailing the circumstances and background
underlying its demands. Such filing shall be available at
http://www.sec.gov/. Chapman Capital L.L.C. is a Los Angeles, CA
based investment advisor focusing on takeover and turnaround
investing. The firm currently manages approximately $350 million as
the registered investment advisor to Chap-Cap Partners II Master
Fund, Ltd. and Chap-Cap Activist Partners Master Fund, Ltd., the
combined owners of approximately 9.3% of eSpeed's Class A common
shares. Over the past eleven years, Chapman Capital has agitated
successfully for the restructuring or sale of over twenty
publicly-traded companies, including a recently closed transaction
involving Glenayre Technologies, Inc. and pending transactions
involving Carreker Corporation and Sunterra Corporation. Mr.
Chapman previously was employed by Goldman Sachs & Co., Scudder
Stephens, & Clark, and NatWest Bank USA. Related news releases,
as well as additional information on Chapman Capital, may be found
at http://www.chapmancapital.com/. eSpeed, Inc. is a leader in
developing and deploying electronic marketplaces and related
trading technology that offers traders access to the most liquid,
efficient and neutral financial markets in the world. eSpeed
operates multiple buyer, multiple seller real-time electronic
marketplaces for the global capital markets, including the world's
largest government bond markets and other fixed income and foreign
exchange marketplaces. eSpeed's suite of marketplace tools provides
end-to-end transaction solutions for the purchase and sale of
financial products over eSpeed's global private network or via the
Internet. eSpeed's neutral platform, reliable network, straight-
through processing and superior products make it a trusted source
for electronic trading at the world's largest fixed income and
foreign exchange trading firms and major exchanges. Related news
releases, as well as additional information on eSpeed, may be found
at http://www.espeed.com/. DATASOURCE: Chapman Capital L.L.C.
CONTACT: John K. Matthews of Chapman Capital L.L.C.,
+1-310-662-1900, ext. 209 Web site: http://www.chapmancapital.com/
Copyright
Espeed (MM) (NASDAQ:ESPD)
Historical Stock Chart
From Jan 2025 to Feb 2025
Espeed (MM) (NASDAQ:ESPD)
Historical Stock Chart
From Feb 2024 to Feb 2025
Real-Time news about Espeed (MM) (NASDAQ): 0 recent articles
More Espeed (MM) News Articles