Continuing, Folino accuses Broadcom of engineering its bid to commandeer new contracts that Emulex recently won at the expense of its rivals–including Broadcom.

“Your unsolicited proposal is opportunistic given Broadcom is uniquely aware of the new unannounced design wins that Emulex has secured with tier-one OEMs at the expense of Broadcom and other competitors,” Folino writes. “As you know, these design wins are kept confidential at our customers’ request and do not typically begin contributing revenue for several quarters. Thus, Emulex’s stock price does not fully reflect the long-term value creation potential that the Company has already secured. However, given that some of these design wins have come at your expense, including your core Ethernet networking business, you are uniquely aware of the future value we have secured and how well positioned we are to unseat you on many other platforms in the near future. We believe your proposal is an opportunistic attempt to capture that value, which rightly belongs to our stockholders.”

In other words, quit low-balling us–especially if, as you profess, you’d like to move ahead with a deal in a “friendly, collaborative manner.”

Also making the rounds today are reports claiming iPhone 3.0 will support on-board video editing. Seems there are some resources in the latest beta of the OS suggesting that video capture and manipulation will figure large in the next device–things like “UIMovie Scrubber Editing Right,” “UIMovieScrubberMaskLeft” and whatnot. Now, while these resources could be pointing to something else entirely, it seems plausible that they are referencing some sort of video tool (iMovie Mobile? iMovie Light? iMoviePhone?)–particularly when considered with the MobileMe “Publish Video” feature also found concealed in the 3.0 beta. That said, no mention of video editing was made during Apple’s recent iPhone 3.0 event. Perhaps Apple (AAPL) hopes to keep it under wraps until the device’s official debut. Or perhaps there’s nothing to keep under wraps in the first place.

Fairchild (FCS) reduced its guidance as well. It had been expecting $338 million to $360 million in sales for its fiscal fourth quarter. Now it expects just $320 million.

Fairchild is the latest semiconductor company to temper its estimates as demand for the computers and telecommunications gear in which its chips are used contracts. Earlier this week, Texas Instruments (TXN), National Semi (NSM) and Broadcom (BRCM) all cut their projections because of lousy market conditions.

For AMD, the sale frees it of a business that’s been a drain on capital expenses and, in the words of CEO Dirk Meyer, will make the company “leaner and more focused” while it seeks to “create a business model to deliver sustainable profitability.” For Broadcom it’s an easy way to immediately scale its DTV business from low-end to mid-range to high-end interactive platforms and panel processors.

I am a media-relations nightmare. I never prep, and I generally say what I think–and sometimes I say things before I think. I don’t know how many times people in the company have heard me say something to a reporter and later told me, ‘Jesus Christ, that’s going to be in the paper!’”

–Henry Nicholas, July 2004

According to Forbes, former Broadcom Corp. chief and founder Henry Nicholas ranks 677th on the list of the world’s wealthiest individuals. But according to a federal indictment unsealed today (full document below), he’d rank quite a bit higher on a list of the world’s most debauched. Scattered among charges related to improperly backdating stock options while he led the computer and cellphone chip-maker are some heavy drug violations. According to the indictment, it seems that while Nicholas was fraudulently backdating stock options that resulted in more than $2 billion of restated expenses, he was also conspiring to distribute controlled substances.

Those he didn’t use himself, that is. From the indictment:

In or around 2001, Nicholas distributed and used controlled substances during a flight on a private plane between Orange County and Las Vegas, causing marijuana smoke and fumes to enter the cockpit and requiring the pilot flying the plane to put on an oxygen mask.”

Nicholas also apparently had a habit of spiking the drinks of associates and customers with drugs. Generally ecstasy. Hell of a way to close a sales meeting, eh?

As noted here before, it’s hard to believe that an entrepreneur and philanthropist like Nicholas would conduct himself like a roadie on Zeppelin’s debauched 1973 tour. But then no one probably thought he was serious about building that subterranean sex lair, either. Anyway, here’s the drug indictment. Click on the box in the far right-hand corner to enlarge:

“After extensive review, DHS [Department of Homeland Security] has advised that it does not believe there are public-safety risks sufficient to justify disapproval of the USITC’s limited exclusion order,” U.S. Trade Representative Susan Schwab wrote in her decision. “DHS has also advised that Broadcom Corporation’s offer of royalty-free public-safety licensing to state and local public safety organizations and its licensing agreements with two major wireless carriers will ameliorate to a significant degree concerns regarding the order’s potential effect on public-safety wireless broadband systems and 3G network deployment. We also understand that other market participants are investigating the use of a noninfringing software workaround. We believe that such licensing agreements and workarounds will address in large part the concerns raised about delay in 3G network deployment.”

Quite a nasty turn of events for Qualcomm. The company had lobbied–fiercely–for White House intervention to reverse the ITC ruling, arguing that allowing it to remain would harm consumers, telecom carriers and handset makers. But the administration apparently didn’t buy it, and without the sort of deus ex machina it could have offered, Qualcomm is nearly out of options. It is facing an immediate ban on all forthcoming handsets running its WCDMA and EVDO chips–a potentially devastating blow to the company’s hugely important chip IP licensing business.

“If I’m one of Qualcomm’s customers, I’m furious,” Gartner analyst Michael King told the Associated Press. “My product line has the potential to be disrupted. The merits of the case notwithstanding, the fact they let it get this far is going to be somewhat unconscionable to their customers.”

Qualcomm, which is working on a software workaround to avoid any infringement on the Broadcom technology in question, is pursuing a stay of the ITC ban. Third time’s a charm, right?

When you have $2 billion, you’re a walking target for frivolous lawsuits. Any record of anything you say–on tape or on paper–has the potential of ending up as evidence in a courtroom.”

–Broadcom CEO Henry T. Nicholas III, July 2004

Multiple choice question: Catapulted into the rarefied heights of extreme tech wealth by Broadcom’s 1998 IPO, the company’s wildly energetic, and overbearing, CEO Henry T. Nicholas III purchased:

1. a private jet
2. a Lamborghini Diablo roadster
3. a Laguna Hills, Calif., estate
4. an underground sex lair beneath that estate

According to Nicholas’s former personal assistant and bodyguard, Kenji Kato, the answer to that question is “all of the above.”

Federal authorities probing Nicholas’s role in the manipulation of options grants at Broadcom Corp. are reviewing a civil suit brought against him by Kato, who claims his former boss paid him to procure the hookers and narcotics with which he stocked his subterranean brothel. According to a draft of Kato’s complaint seen by the Los Angeles Times, Nicholas’s lair “was infamous for its excessive extravagance, its sex rooms and its million-dollar sound equipment. … [Nicholas] provided his guests with transportation and cocaine, Ecstasy, methamphetamines, marijuana, mushrooms, and nitrous oxide. … I would see him put powdered ecstasy pills into the drinks of his customers. Other times, when we were at trade shows in Las Vegas, it was normal for Nick to request and send prostitutes to his customers to entertain them.”

Hard to believe that an entrepreneur and philanthropist like Nicholas would conduct himself like a roadie on Zeppelin’s debauched 1973 tour. But then who would have believed former Tyco International chairman Dennis Kozlowski would have requested an anatomically correct ice sculpture of Michelangelo’s David urinating Stolichnaya vodka at his wife’s birthday party?

Anyway, Nicholas vehemently denies the allegations, saying they’re part of an opportunistic extortion plan concocted by a troubled former employee. Certainly, it’s hard to believe that Nicholas’s last years at Broadcom were one endless bacchanal. “Nick was on point until the day he had to leave,” said Edward Frank, Broadcom’s vice president of research and development. It’s “hard to imagine that someone who executed as well as Nick had a substance-abuse problem.”