People familiar with the matter tell Bloomberg that Apple’s handling of the matter remains under scrutiny and that company directors Art Levinson and Bill Campbell had been briefed by Jobs’s doctors on his medical condition at the time of the January disclosures, but little else.

Now, the path from “Steve is suffering from a common bug” to “a hormone imbalance has been robbing Steve of the proteins his body needs to be healthy” to “Steve has undergone a liver transplant” is obviously something of an eyebrow-raiser. But whether it was material to Apple’s business and therefore required disclosure isn’t clear. After all, Apple (AAPL) did just fine while Jobs was on sabbatical; the debut of new Macs, iPods and iPhones is testament to that. Beyond that, there’s this: Apple’s stock posted a 59 percent gain while he was away.

“The issue is not going to be whether they needed to disclose the medical records,” James Cox, a securities law professor at Duke University, told Bloomberg. “It’s going to be whether they monitored the disclosures about his health, in relation to investor expectations that Apple would continue to be led by Steven Jobs….[Apple] did fine. Do you need to say more than, ‘Our CEO has health problems and he’s out on leave?’ The question I think the SEC is looking at is whether it’s material.”

People familiar with the matter tell Bloomberg that Apple’s handling of the matter remains under scrutiny and that company directors Art Levinson and Bill Campbell had been briefed by Jobs’s doctors on his medical condition at the time of the January disclosures, but little else.

Now, the path from “Steve is suffering from a common bug” to “a hormone imbalance has been robbing Steve of the proteins his body needs to be healthy” to “Steve has undergone a liver transplant” is obviously something of an eyebrow-raiser. But whether it was material to Apple’s business and therefore required disclosure isn’t clear. After all, Apple (AAPL) did just fine while Jobs was on sabbatical; the debut of new Macs, iPods and iPhones is testament to that. Beyond that, there’s this: Apple’s stock posted a 59 percent gain while he was away.

“The issue is not going to be whether they needed to disclose the medical records,” James Cox, a securities law professor at Duke University, told Bloomberg. “It’s going to be whether they monitored the disclosures about his health, in relation to investor expectations that Apple would continue to be led by Steven Jobs….[Apple] did fine. Do you need to say more than, ‘Our CEO has health problems and he’s out on leave?’ The question I think the SEC is looking at is whether it’s material.”

Ironic, yeah?

It’s not certain why WSGR prepared the presentation, but the document obviously applies to the close ties between Apple (AAPL) and Google (GOOG) and, if nothing else, offers insight into the “interlocking directorates” provision of the Clayton Antitrust Act of 1914 and just why the FTC might be concerned that the companies may be in violation of antitrust law by sharing four board members and advisers between them: Google CEO Eric Schmidt, Genentech (DNA) CEO Art Levinson, Intuit (INTU) chairman Bill Campbell and former vice president Al Gore.

According to the WSGR presentation, the Clayton Act stipulates that a person cannot serve as director or officer of two or more competing companies when the two are engaged in U.S. or foreign competition; each has $25,319,000 in aggregate capital, surplus, and undivided profits; and at least one has two percent in overlapping sales (note: while that $25 million figure was correct at the time the deck was prepared, it has since risen to $26,161,000). Now, Apple and Google clearly both meet the “aggregate capital, surplus, and undivided profits” condition. They probably don’t meet the second, but it’s conceivable that they might in the future as Google’s Android platform rises to challenge Apple’s iPhone in the mobile phone software and services market.

And if and when they should? Well, that leads to what WSGR describes as “occasion of sin”– a theological term that refers to circumstances that by their very nature lead to sin.

In other words, inevitable sin. And competition between the two companies is no absolution, either. As the presentation explains, there is “no safe harbor for de minimus competition.” Given the obvious overlaps between Google and Apple–between both products and directors–the two companies would seem to be heading for some sort of confrontation with the FTC. Especially if, as sources say, Google CEO Eric Schmidt has no intention of resigning from Apple’s board–even in the face of increasing government scrutiny of the company.

UPDATE: WSGR tells me the document was prepared for an internal training session. It had no explanation for why the firm published it on the Web.

UPDATE: As Danny Sullivan notes in the comments, Google has removed the cached version of the document — rather expeditiously. However, there’s still a cached version available over at Microsoft.

Clayton Act Section 8 Interlocking Directorates – Free Legal Forms

“Eric is obviously doing a terrific job as CEO of Google, and we look forward to his contributions as a member of Apple’s board of directors. Like Apple, Google is very focused on innovation and we think Eric’s insights and experience will be very valuable in helping to guide Apple in the years ahead.”

–Apple CEO Steve Jobs, Aug. 2006

“Apple is one of the companies in the world that I most admire. I’m really looking forward to working with Steve and Apple’s board to help with all of the amazing things Apple is doing.”

–Google CEO Eric Schmidt, Aug. 2006

He had a good run of it, but Google CEO Eric Schmidt’s stint as an Apple director may be coming to an end.

Now that the Federal Trade Commission is investigating whether the close ties between Apple’s and Google’s boards of directors violate antitrust laws, Schmidt’s seat on the former’s board, which he has held since August 2006, seems more trouble than its worth.

People briefed on the matter tell the New York Times that the FTC is concerned that Schmidt’s presence on Apple’s board–as well as that of Google director Arthur Levinson and Google advisers Bill Campbell and Al Gore–might lead to the conflicts of interest or unfair business practices. And that seems a reasonable concern; certainly those sorts of things sometimes occur when a coterie of people hold influence over several major firms simultaneously.

While Google (GOOG) and Apple (AAPL) compete in a number of areas–browsers and mobile operating systems–the two have also worked together closely to bring a number of Google services to the iPhone. They also share a common enemy in Microsoft (MSFT).

So it’s not surprising to hear that the FTC is raising an eyebrow over the cozy relationship between the companies–especially, given its previous interest in Google and the opinions of U.S. antitrust chief Christine Varney, who recently described the company as a monopolist.

Nor will it be surprising when Schmidt resigns from Apple’s board, if this inquiry goes further. That’s typically what happens in these situations when things start heading toward a longer investigation.

So, given the amount of antitrust scrutiny currently leveled at Google, it’s almost certainly what will happen here.

We all liked Mike. In fact, we all loved the pugnacious, energetic and restlessly entrepreneurial Silicon Valley exec.

Sadly for those who knew him, Mike Homer died today at his home surrounded by family and friends, after a long battle with a severe illness. He was 50.

Homer is survived by his wife, Kristina, and three young children: James, Jack and Lucy.

His funeral is at Saint Raymond’s Catholic Church in Menlo Park on Thursday.

In 2007, Homer was diagnosed with Creutzfeldt-Jakob disease.

A rare, neurodegenerative “prion” disease, which in Homer’s case has occurred sporadically rather than via infection (the well-known variant that occurs in animals is called mad cow disease), CJD’s incidence is one case in a million annually, and few survive beyond a year after exhibiting symptoms.

His illness inspired his family and many friends to find treatments and a cure for the cruel disease, and include the man–Dr. Stanley Prusiner–who won the Nobel Prize in 1997 for discovering prions, infectious agents that are at the heart of CJD.

In late 2006, Homer began suffering from memory problems. Another close friend, Netscape co-founder Marc Andreessen, aided Homer in getting to the right doctors at Stanford University Hospital, where he was diagnosed.

Quickly, via angel investor and close Homer friend Ron Conway, who serves on the board of the University of California, San Francisco, Medical Foundation, Homer’s case was moved to UCSF. The hospital there is the only place in this country that has a major laboratory doing both research and clinical trials on CJD.

Still, there is no known cure for CJD, and treatments have been few. That might change, given the push that Homer, his family and friends had been making to accelerate the pace of discovery for treatments and a cure by raising many millions of dollars for the cause and pushing for even more aggressive development.

At an event in Palo Alto in 2007 for those interested in helping beat CJD–organized by Conway and well-known Silicon Valley exec and Homer mentor Bill Campbell, with Homer in attendance–he was in fine form, greeting well-wishers with a laugh and sassy attitude, especially given the dire situation and obvious difficulties with speech and movement.

As I wrote then:

Such fighting spirit was typical of Homer, whom I met when I was doing my first book on the rise of America Online more than a decade ago, when he was an executive at the then-high-flying Netscape.

He had also, like many, put in time at Apple and was known throughout the industry for his hard-charging and straightforward style. He needed it in the later days of Netscape, when he arduously tried to shift the company’s focus from a browser-software business besieged by Microsoft to a portal business.

Despite his sometimes tough demeanor, Homer was always willing–unlike so many others–to debate his business in an all-out-on-the-table manner I found refreshing compared to the sometimes earnest and smooth spin of most dot-com entrepreneurs.

Most of all, even when you disagreed over an issue, he always left such arguments at work and was ready with his quick laugh or a razor-sharp quip no matter what.

Recently, before his illness, Homer had been investing in and mentoring a series of start-ups. But he had also been focusing a lot on philanthropy and, most of all, his family and, especially, his three small children.”

My deep condolences go out to them and, really, everyone who had the privilege of knowing Mike.

More about his career and memories of Mike to come. But until then, here’s the video that was shot at the 2007 Palo Alto event called “The Fight for Mike,” which is introduced by Campbell:

Today, a panoply of prominent tech and Internet leaders is taking a very public stand against a controversial initiative before California voters, which would eliminate the current legal right of same-sex couples to marry.

Forming a group and taking out a full-page ad in the San Jose Mercury News tomorrow, the execs hope to convince voters to reject Proposition 8, which is titled “Eliminates Right of Same-Sex Couples to Marry.”

Silicon Valley has had a long history of supporting gay rights. And recently, Google (GOOG) Co-Founder Sergey Brin has made a strong statement opposing Proposition 8, while Apple (AAPL) gave $100,000 to help defeat it.

The honorary co-chairs of “Silicon Valley Leaders Say NO on Proposition 8″ include: Brin; Bill Campbell, Chairman, Intuit; David Filo, Founder, Yahoo; Chuck Geschke, Founder and Chairman, Adobe Systems; John Morgridge, Former CEO and Chairman, Cisco Systems; Pierre Omidyar, Founder and Chairman, eBay; Sheryl Sandberg, COO, Facebook; Eric Schmidt, CEO, Google; and Jerry Yang, Founder, Yahoo.

In a statement in a press release set to go out this morning, Yang said: “Silicon Valley has always been an example for the rest of the country of how diversity and openness help to drive innovation and value creation. This divisive measure is the antithesis of those values that make Silicon Valley so unique.”

An ad the group–which also includes star venture capitalist Mike Moritz of Sequoia Capital, as well as Palm Founders Donna Dubinsky and Jeff Hawkins, and many others–is putting out tomorrow in the Mercury News reads:

Silicon Valley Leaders Urge You to Stand for Equality.
Vote No on Proposition 8.

As Silicon Valley leaders, we are committed to equality and fairness. We are opposed to Proposition 8 because it would change our state constitution to take away rights from one group of people. It would set our state, and our country, back in the fight for fundamental fairness and equal rights.

Please join us by reaching out to friends and neighbors and asking them to stand for fairness: Vote No on Proposition 8 on November 4th.”

(The ad and a longer list of tech leaders opposing Proposition 8 is below.)

If passed by a majority of voters, the California Constitution would be amended to include a new section stating “only marriage between a man and a woman is valid or recognized in California.”

Earlier this year, the California Supreme Court held that same-sex couples have a constitutional right to marry under the state’s constitution.

Former California State Controller and former exec at eBay Steve Westly noted that his own interracial marriage was once illegal, which is one of the reasons he was opposing Propostition 8.

“It really is the civil rights issue of the day … people stood up and fought for people like me and now it is time to stand up for others,” said Westly, who was an early supporter of gay marriage and is said to be eyeing a run for governor of the state. “While this is a polarizing issue, it is mind-boggling to me not to support the right of any two adults who love each other to marry.”

One thing is certain–the issue is indeed polarizing. Currently, the vote on Proposition 8 is very close, and a huge amount of money–more than $60 million–has been spent by both sides in the battle, which is considered one of the most contentious and high-profile in the nation.

Here is the ad (click on the image to make it larger):

LEADERS (partial list):
Deborah Barber, Principal, Jackson Hole Group
John Battelle, Chairman and CEO, Federated Media
Larry Birenbaum, Former Senior Vice President, Cisco Systems
Lorna Borenstein, President, Move
Larry Brilliant, Executive Director, Google.org
Owen Byrd, President, Byrd Development
John Chisholm, Chairman and CEO, CustomerSat
Barry Cinnamon, CEO, Akeena Solar
Tod Cohen, Director of Government Affairs, eBay
LaDoris Cordell, Administrator, Stanford University
Sue Decker, President, Yahoo!
Jack Dorsey, Chairman, Twitter
David Drummond, SVP, Corporate Development & Chief Legal Officer, Google
Donna Dubinsky, CEO, Numenta
Alan Eustace, SVP, Engineering and Research, Google
Naomi Fine, President & CEO, Pro-Tec Data
Rachel Glaser COO/CFO, Reunion.com
Carl Guardino, President and CEO, Silicon Valley Leadership Group
Andre Haddad, CEO, Shopping.com
Jeff Hawkins, co-Founder Palm, Handspring, and Numenta
David Karnstedt, Investor
Scott Kaspick, Managing Director, Kaspick & Co.
Steve Kirsch, Serial Entrepreneur
John Koza, CEO, Third Millennium
Ross LaJeunesse, Head of State Policy Western US, Google
Gary Lauder, Managing Partner, Lauder Partners Venture Capital
Laura Lauder, General Partner, Lauder Partners Venture Capital
Len Lehman, Investor
John Luongo, Former CEO, Vantive Corporation
Roger McNamee, Managing Director & co-Founder, Elevation Partners
Ken McNeely, President, AT&T California
Michael Moritz, Partner, Sequoia Capital
Susan Packard Orr, CEO, Telosa Software
Randy Pond, Executive Vice President, Cisco Systems
Amy Rao, Founder & CEO, Integrated Archive Systems
Jana Rich, Managing Director, Russell Reynolds
Miriam Rivera, Former Vice President and Deputy General Counsel, Google
Dan Rosensweig, Investor
Dan Rubin, Partner, Alloy Ventures
Hilary Schneider, Executive Vice President US Region, Yahoo
Len Shustek, Chairman, Computer History Museum
Jeff Skoll, Former President, eBay Inc.
Stephanie Tilenius, SVP, eBay North America
Joy Weiss, President and CEO, Dust Networks
Steve Westly, former California State Controller & former SVP eBay
Evan Williams, CEO, Twitter

[UPDATED on 11/05/08] In the interest of full disclosure, I am obviously not a supporter of Proposition 8. And, after I wrote this piece and hours before it passed last night, I got married in California under its recent same-sex marriage law, which the initiative has now overturned. It is still legally unclear what that will mean for people like me who married before Proposition 8 was passed, as it is not retroactive; as of now, the marriages remain valid. In any case, please see this disclosure related to me here.

Last year, BoomTown wrote about the struggle of Homer, the longtime Silicon Valley entrepreneur (pictured here; I met him in the mid-1990s, when he was an exec at Netscape).

Unfortunately, Homer continues to suffer from Creutzfeldt-Jakob Disease (CJD), for which he is under treatment at the University of California at San Francisco.

“The Fight for Mike” has raised $7 million for CJD at UCSF, where Dr. Stanley B. Prusiner–who was awarded the Nobel Prize in 1997 for discovering the prion protein that causes CJD–is working on a major project aimed at defeating neurodegenerative diseases.

Now comes a unique collaboration between YouTube and the UCSF Memory and Aging Center, organized by two well-known Silicon Valley entrepreneurs, Ron Conway and Bill Campbell, with the help of YouTube Co-Founder Chad Hurley.

Conway and Campbell, along with the Homer family, have led the efforts to help find a cure for Homer.

Naturally, given Homer’s background, a digital initiative was inevitable.

Thus, the new project is the kick-off of the Memory and Aging Center’s “Defeat Dementia” campaign at UCSF, which is trying to use the Web and other digital technologies to help find new ways to get information out about public health issues.

Along with CJD, the YouTube effort will also focus on Frontotemporal Dementia (FTD), Parkinson’s, ALS and Alzheimer’s and try to engage the public and the medical community in a search for the causes and cures of these debilitating neurodegenerative conditions.

On the channel: videos of clinical-researchers and physicians discussing characteristics of the diseases; personal stories of patients and family members; and videos featuring advice and coping strategies from health-care professionals.

There is also now a Defeat Dementia Facebook group on the topic, and UCSF also has a partnership with Veodia.

Here is a video I did with Conway this week about the effort:

Friends and colleagues of the well-known tech veteran came together to learn about his severe illness–he was recently diagnosed with Creutzfeldt-Jakob disease.

The hour-long event included speeches by close Homer friends and tech luminaries, Bill Campbell and Ron Conway, information about CJD from doctors at the University of California at San Francisco, where Homer is being treated, and questions from the audience of hundreds.

A rare, neurodegenerative prion disease, which in Homer’s case has occurred sporadically rather than via infection (the well-known variant that occurs in animals is called mad cow disease), CJD’s incidence is one case in a million annually. Few survive beyond a year after exhibiting symptoms, and there is no known cure for CJD.

The hospital at UCSF is the only place in this country that has a major laboratory doing both research and clinical trials. And Homer, his family and friends are making a big push to accelerate the pace of discovery for treatments and a cure, by raising money for the cause and pushing for even more aggressive development.

For those who want to help, there are several ways, including via donation to the Homer Family Foundation’s Program for Brain Disease Research (P.O. Box 10195, Palo Alto, Calif. 94303); the Homer Family Fund for Brain Research at the Harris myCFO Foundation (P.O. Box 10196, Palo Alto, Calif. 94303); or the UCSF Foundation, specifically to the “Fight for Mike Fund” or generally for neurodegenerative disease research and treatment.

Here is the long video, which–even at almost 60 minutes–is well worth it:

In an event organized by Homer and his wife, Kristina, as well as close friends and well-known industry players Bill Campbell and Ron Conway, several hundred people crowded into the Palo Alto Sheraton to get a primer course about CJD from doctors at the University of California at San Francisco. (See video below.)

These doctors also happen to be the leading specialists in the world trying to find treatments and a cure for the cruel disease and include the man–Dr. Stanley Prusiner–who won the Nobel Prize in 1997 for discovering “prions,” infectious agents that are at the heart of CJD.

A rare, neurodegenerative prion disease, which in Homer’s case has occurred sporadically rather than via infection (the well-known variant that occurs in animals is called mad cow disease), CJD’s incidence is one case in a million annually, and few survive beyond a year after exhibiting symptoms.

Homer had been suffering from memory problems late last year. Another close friend, Netscape co-founder Marc Andreessen, aided Homer in getting to the right doctors at Stanford University Hospital, where he was diagnosed.

Quickly, via Conway, who serves on the board of the UCSF Medical Foundation, Homer’s case was moved to UCSF, where he is benefitting from the latest research and medications. The hospital is the only place in this country that has a major laboratory doing both research and clinical trials.

The problem is that, right now, there is no known cure for CJD, and treatments have been few. That might change, given the push that Homer, his family and his friends are making to accelerate the pace of discovery for treatments and a cure, by raising money for the cause and pushing for even more aggressive development.

Besides Prusiner, who is consulting on Homer’s case, Drs. Bruce Miller and Michael Geschwind–who are working on a major study about the impact of a promising drug treatment using quinacrine–are also treating him, along with many others at UCSF.

Many were in attendance last night, along with a range of friends, family and scores of people who have worked with Homer over his long years in the tech industry.

The atmosphere was, rather than depressed over the tragic turn of events, very energetic about making quick breakthroughs, at least related to treatments that could slow the progress of Homer’s illness, until a cure can be found.

Homer himself, who struggles with speech and movement, was also in fine form, greeting well-wishers with a laugh and sassy attitude, especially given the dire situation.

Such fighting spirit is typical of Homer, whom I met when I was doing my first book on the rise of America Online more than a decade ago, when he was an executive at the then-high-flying Netscape.

He had also, like many, put in time at Apple and was known throughout the industry for his hard-charging and straightforward style. He needed it in the later days of Netscape, when he arduously tried to shift the company’s focus from a browser-software business besieged by Microsoft to a portal business.

Despite his sometimes tough demeanor, Homer was always willing–unlike so many others–to debate his business in an all-out-on-the-table manner I found refreshing compared to the sometimes earnest and smooth spin of most dot-com entrepreneurs.

Most of all, even when you disagreed over an issue, he always left such arguments at work and was ready with his quick laugh or a razor-sharp quip no matter what.

Recently, before his illness, Homer had been investing in and mentoring a series of start-ups. But he had also been focusing a lot on philanthropy and, most of all, his family and, especially, his three small children.

He talked a lot last night about wanting to be around for his kids. So to make that happen, Homer and others made the first step last night, which was designed to spur the efforts via fundraising and sharp focus on beating CJD.

For those who want to help, there are several ways, including via donation to the Homer Family Foundation’s Program for Brain Disease Research (P.O. Box 10195, Palo Alto, Calif. 94303); the Homer Family Fund for Brain Research at the Harris myCFO Foundation (P.O. Box 10196, Palo Alto, Calif. 94303); or the UCSF Foundation, specifically to the “Fight for Mike Fund” or generally for neurodegenerative disease research and treatment.

Here is a video of the event last night, with some messages from friends of Homer’s, who needs all the good wishes he can get right now: