Mercury interactive backdating
Dan has conducted numerous internal investigations on behalf of corporations, boards, and special committees concerning, among other things, alleged securities fraud, insider trading, FCPA violations, theft of trade secrets, accounting malfeasance and obstruction of justice.
Abrams agreed to settle an SEC case against her last year. District Court, Northern District of California in San Jose, is 08-cr-00252.
Securities Class Actions Derivative Cases Other Securities Litigation Matters Applied Micro Circuits (N. Cal.): We obtained a dismissal with prejudice of a securities class action brought against Applied Micro Circuits and two of its former officers.
The plaintiff sought to recover "short swing" profits allegedly realized by two executive officers in connection with their receipt of stock option grants.
We successfully argued that the challenged transactions were exempt from the relevant short swing statute (Section 16(b) of the Securities Exchange Act of 1934) because the grants had been properly approved by the Compensation Committee.
The plaintiff appealed to the Ninth Circuit but subsequently agreed to dismiss the appeal. C.): We represented Pozen and several of its officers and directors in a class action alleging that the non-disclosure of certain in vitro, or pre-clinical, drug study results misled investors as to the FDA's timetable for approving the company's drug application.