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Current issues in D&O and E&O coverage investigations: SDNY holds that Credit Suisse waived work product privilege by disclosing internal investigation memoranda to the government

Edwards Wildman Palmer LLP
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USA
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February 25 2008

If outside counsel for a company drafts factual memoranda concerning an internal investigation conducted in response to alleged wrongdoing, and then voluntarily shares the memoranda at the company’s direction with government investigators, has the company waived the work product privilege?

Client advisory - say on pay - not just for TARP recipients anymore

Edwards Wildman Palmer LLP
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USA
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September 10 2009

The House of Representatives recently passed legislation which would require, among other things, an annual stockholder vote on executive compensation

SEC releases competing proposals for shareholder participation in contested elections

Edwards Wildman Palmer LLP
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USA
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July 30 2007

On July 27, 2007, the Securities and Exchange Commission posted two separate proposing releases that relate to shareholder access to a public company’s proxy ballot in connection with director elections

The Brocade options backdating trial: Reyes found guilty on all counts

Edwards Wildman Palmer LLP
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USA
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August 8 2007

On Tuesday, August 7, 2007, after more than a week of deliberations, the jury in the criminal trial of ex-Brocade CEO Greg Reyes returned a guilty verdict

Merrill Lynch subprime-related shareholder derivative action dismissed

Edwards Wildman Palmer LLP
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USA
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March 2 2009

On February 17, 2009, the US District Court for the Southern District of New York dismissed, without prejudice, a shareholder derivative action pending against Merrill Lynch's directors and officers alleging breach of fiduciary and waste of corporate assets in connection with Merrill Lynch's exposure to subprime debt

Court approves American Home Mortgage's settlement of a subprime securities class action

Edwards Wildman Palmer LLP
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USA
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September 18 2009

On July 30, 2009, the US District Court for the Eastern District of New York approved a $37.25 million settlement of a subprime-related securities class action styled, In re American Home Mortgage Securities Litigation

The Brocade trial: Judge Breyer may take case away from jury

Edwards Wildman Palmer LLP
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USA
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July 9 2007

The first criminal trial of stock options backdating conduct may end with the court finding that government prosecutors failed to present sufficient evidence of intent to support a conviction

The Brocade trial: an important defense gets in the door

Edwards Wildman Palmer LLP
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USA
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July 3 2007

Until last Friday, Greg Reyes, Brocade's former CEO, had been unable raise an important aspect of his defense: Brocade was only one of many companies that allegedly manipulated stock options grants

The Brocade trial: Judge Breyer postpones decision on motion to dismiss

Edwards Wildman Palmer LLP
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USA
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July 20 2007

On July 19, 2007, Judge Breyer deferred, for the second time, his decision on the pending motion to dismiss in the Brocade stock options backdating trial

SEC permits (and may require) proxy solicitations on the internet

Edwards Wildman Palmer LLP
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USA
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February 5 2007

Issuers and third parties will soon be able to solicit proxies for annual meetings by posting proxy materials on an Internet website

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