Tyson Foods 2000 Annual Report Download - page 30

MANAGEMENT’S DISCUSSION AND ANALYSIS TYSON FOODS, INC. 2000 ANNUAL REPORT SUBSEQUENT EVENT On October 17, 2000, a Washington
County (Arkansas) Chancery Court jury awarded the Company approximately $20 million in its lawsuit against ConAgra, Inc. and ConAgra Poultry Company. In its suit, the Company alleged that ConAgra, Inc. and ConAgra Poultry Company violated the Arkansas Trade Secrets Act when they improperly obtained and implemented Tyson’s confidential feed nutrient profile. The court ruled that the Company’s feed nutrient profile is a trade secret under the Arkansas Trade Secrets Act and that ConAgra, Inc. and ConAgra Poultry Company misappropriated the feed nutri- ent profile. The court’s ruling and the award are subject to appeal; therefore, the Company has not recorded this award at September 30, 2000. CAUTIONARY STATEMENTS RELEVANT TO FORWARD- LOOKING INFORMATION This annual report and other written reports and oral statements made from time to time by the Company and its representatives contain forward- looking statements, including forward-looking statements made in this report, with respect to their current views and estimates of future economic circumstances, industry condi- tions, company performance and financial results. These forward-looking statements are subject to a number of factors and uncertainties that could cause the Company’s actual results and experiences to differ materially from the anticipated results and expectations, expressed in such
forward-looking statements. In light of these risks, uncer- tainties and assumptions, the Company wishes to caution readers not to place undue reliance on any forward-looking statements. The Company undertakes no obligation to publicly update or revise any forward-looking statements based on the occurrence of future events, the receipt of new information or otherwise.
Among the factors that may affect the operating results
of the Company are the following: (i) fluctuations in the cost and availability of raw materials, such as feed grain costs; (ii) changes in the availability and relative costs of labor and contract growers; (iii) market conditions for finished prod- ucts, including the supply and pricing of alternative proteins; (iv) effectiveness of advertising and marketing programs; (v) the ability of the Company to make effective acquisitions and to successfully integrate newly acquired businesses into existing operations; (vi) risks associated with leverage, including cost increases due to rising interest rates; (vii) risks associated with effectively evaluating derivatives and hedging activities; (viii) changes in regulations and laws, including changes in accounting standards, environmental laws, occupational, health and safety laws; (ix) adverse results from ongoing litigation; (x) access to foreign markets together with foreign economic conditions, includ- ing currency fluctuations; and (xi) the effect of, or changes in, general economic conditions.
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