Options Granting Practices

Wednesday, October 18, 2006

About

Over 80 investigations in progress to date... and growing steadily...

With new investigations being announced all the time, no company is immune. The SEC and DOJ are investigating increasing numbers of companies, grand juries are being convened, the first criminal charges have been issued (with more expected) and shareholder suits filed and that's just what's happened within the last few months. Who will be next? What conduct is culpable, how will it affect companies, what will it cost and what will the impact be going forward?

In light of these rapid-fire developments, you need to ensure that you are fully prepared to respond to SEC, government and shareholder allegations and put mechanisms in place to protect your client going forward. American Conference Institute's event on Options Granting Practices gave attendees proactive strategies for ameliorating the negative financial and other impact of investigations and prosecutions involving allegations of backdating and manipulating corporate stock options.

In the publication from Options Granting Practices you will learn from top lawyers and key regulators directly involved with investigations, remediation and litigation of this issue. Get the latest insights and practical strategies for handling these claims so you can stay ahead of the curve, including:

  • Damage control taking the necessary steps at the beginning of an investigation into alleged backdating to forestall problems down the road
  • Responding to government requests and investigations into operation practices
  • Working with the SEC or DOJ to achieve the best outcome for your client
  • Defending and settling options enforcement actions

Contents & Contributors

About

Over 80 investigations in progress to date... and growing steadily...

With new investigations being announced all the time, no company is immune. The SEC and DOJ are investigating increasing numbers of companies, grand juries are being convened, the first criminal charges have been issued (with more expected) and shareholder suits filed and that's just what's happened within the last few months. Who will be next? What conduct is culpable, how will it affect companies, what will it cost and what will the impact be going forward?

In light of these rapid-fire developments, you need to ensure that you are fully prepared to respond to SEC, government and shareholder allegations and put mechanisms in place to protect your client going forward. American Conference Institute's event on Options Granting Practices gave attendees proactive strategies for ameliorating the negative financial and other impact of investigations and prosecutions involving allegations of backdating and manipulating corporate stock options.

In the publication from Options Granting Practices you will learn from top lawyers and key regulators directly involved with investigations, remediation and litigation of this issue. Get the latest insights and practical strategies for handling these claims so you can stay ahead of the curve, including:

  • Damage control taking the necessary steps at the beginning of an investigation into alleged backdating to forestall problems down the road
  • Responding to government requests and investigations into operation practices
  • Working with the SEC or DOJ to achieve the best outcome for your client
  • Defending and settling options enforcement actions

Contents & Contributors


BACKDATING STOCK OPTIONS: NEW DEVELOPMENTS AND EMERGING LIABILITIES
Linda B. Griffey, O'Melveny & Myers
Derek J. Windham, O'Melveny & Myers
Steven M. Schatz, Wilson Sonsini Goodrich & Rosati
Caz Hashemi, Wilson Sonsini Goodrich & Rosati

STOCK OPTION BACKDATING: DETERMINING THE EXTENT OF THE PROBLEM
G. Anthony Lopez, FTI Consulting

STOCK OPTIONS BACKDATING "RED FLAGS" IN A NUTSHELL
Kenneth A. Raskin, White and Case
Stacy L. DeWalt, White and Case

RESPONDING TO GOVERNMENT REQUESTS AND INVESTIGATIONS INTO OPTIONS PRACTICES
David Z. Seide, WilmerHale
William M. Sullivan, Jr., Winston & Strawn LLP
David K. Min, WilmerHale
Ryan R. Sparacino, Winston & Strawn LLP

DEFENDING AND SETTLING OPTIONS ENFORCEMENT ACTIONS
Richard Marmaro, Skadden, Arps, Slate, Meagher & Flom LLP

DAMAGE CONTROL: COMMUNICATING WITH THE PUBLIC AND SHAREHOLDERS
Wayne W. Smith, Gibson, Dunn & Crutcher

SHAREHOLDER LITIGATION ARISING FROM OPTIONS BACKDATING: A BRIEF DISCUSSION OF POTENTIAL CLAIMS AND KEY ISSUES
Herbert E. Milstein, Cohen, Milstein, Hausfeld & Toll PLLC

STRATEGIC APPROACHES FOR MANAGING SHAREHOLDER LITIGATION ARISING FROM OPTIONS INVESTIGATIONS
Scott A. Meyers, Levenfeld Pearlstein

OPTION GRANTING PROCEDURES IN THE POST OPTION-BACKDATING ENVIRONMENT
S. James DiBernardo, Morgan Lewis & Bockius LLP

CONDUCTING AN INTERNAL INVESTIGATION: THE COMPLETE GUIDE
William H. Kimball, Morgan Lewis & Bockius LLP



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0