COMMITMENTS AND CONTINGENCIES |
NOTE12 COMMITMENTS AND CONTINGENCIES
Restricted Cash As of April30, 2010, and January29, 2010, Dell had restricted cash in the amount of $179million and $147million, respectively, included in other current assets. These balances primarily relate to an agreement between DFS and CIT Group Inc. (CIT), which requires Dell to maintain escrow cash accounts that are held as recourse reserves for credit losses, performance fee deposits related to Dells private label credit card, and deferred servicing revenue.
Legal Matters Dell is involved in various claims, suits, assessments, investigations, and legal proceedings that arise from time-to-time in the ordinary course of its business, including matters involving consumer, antitrust, tax, intellectual property, and other issues on a global basis. While Dell does not expect that the ultimate outcomes in these proceedings, individually or collectively, will have a material adverse effect on its business, financial position, results of operations, or cash flows, the results and timing of the ultimate resolutions of these various proceedings are inherently unpredictable. Whether the outcome of any claim, suit, assessment, investigation, or legal proceeding, individually or collectively, could have a material effect on Dells business, financial condition, results of operations, or cash flows, will depend on a number of variables, including the nature, timing, and amount of any associated expenses, amounts paid in settlement, damages or other remedies or consequences. Dell accrues a liability when it believes that it is both probable that a liability has been incurred and that it can reasonably estimate the amount of the loss. Dell reviews these accruals at least quarterly and adjusts them to reflect ongoing negotiations, settlements, rulings, advice of legal counsel, and other relevant information. To the extent new information is obtained and Dells views on the probable outcomes of claims, suits, assessments, investigations, or legal proceedings change, changes in Dells accrued liabilities would be recorded in the period in which such determination is made.
The following is a discussion of Dells significant on-going legal matters and other proceedings:
Investigations and Related Litigation In August 2005, the SEC initiated an inquiry into certain of Dells accounting and financial reporting matters and requested that Dell provide certain documents. The SEC expanded that inquiry in June 2006 and entered a formal order of investigation in October 2006. In August 2006, because of potential issues identified in the course of responding to the SECs requests for information, Dells Audit Committee, on the recommendation of management and in consultation with PricewaterhouseCoopers LLP, Dells independent registered public accounting firm, initiated an independent investigation, which was completed in the third quarter of Fiscal 2008. During the first quarter of Fiscal 2011, Dell learned that, in connection with the SEC investigation, several former Dell employees received Wells Notices from the SEC staff, which indicate that the SEC staff has made a preliminary decision to recommend that t |