Apollo Group


Statement

Phoenix, Arizona, March 12, 2007 -- Apollo Group, Inc. (Nasdaq:APOL) is pleased with the order and opinion issued today by the United States District Court for the District of Columbia and believes the ruling speaks for itself:

"Apollo 'contends as part of its defense that it did not have a duty to disclose to the public and its investors a preliminary government report that obtained obviously false, mistaken, internally inconsistent, and misleading information and was issued improperly by someone lacking authority to issue the Report.'"

"The Court agrees with Apollo that, 'the manner in which the [DOE] conducted the Program Review and the sources of information relied upon by the [DOE] in drafting the Report' are relevant to Apollo's defense in the underlying securities action."

"Although the DOE asserts that the documents sought in the Amended Subpoena are privileged under the deliberative process, attorney-client, and attorney work-product privileges, the Court is unable to assess the DOE’s claims of privilege because the DOE failed to produce a privilege log as required by Federal Rule of Civil Procedure 45(d)(2). As such, the Court shall order the DOE to produce a privilege log so that the Court can assess the DOE’s claims of privilege."

"The Court concludes that Apollo has properly filed a Motion to Compel the DOE to produce documents in response to the Amended Subpoena, and that the documents sought in the Amended Subpoena are relevant to the underlying securities litigation under the “relevancy” standard of Federal Rule of Civil Procedure 26(b)(1). To the extent the DOE maintains that it is not required to produce the documents sought in the Amended Subpoena on the grounds of various privileges, the DOE must comply with its obligation under the Federal Rule of Civil Procedure 45(d)(2) and produce a privilege log that allows Apollo and the Court to assess the validity of the claimed privileges."

About Apollo Group, Inc.:
Apollo Group, Inc. has been an education provider for more than 30 years, operating the University of Phoenix, the Institute for Professional Development, The College for Financial Planning, Western International University and Insight Schools. The Company offers innovative and distinctive educational programs and services from high school through college level at 262 locations in 39 states, Puerto Rico, Washington DC, Alberta, British Columbia, Netherlands, and Mexico as well as online, throughout the world.

For more information about Apollo Group, Inc. and its subsidiaries, call (800) 990-APOL or visit Apollo on the company website at: www.apollogrp.edu.

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© 2007 Apollo Group, Inc. All rights reserved.