The U.S. Securities and Exchange Commission and the U.S. Department of Justice each are investigating alleged stock option backdating at dozens of U.S. companies, with the SEC probing securities filings at more than 80 U.S. corporations.Lots more at Law.com.
With federal prosecutors and SEC investigators breathing down their necks, Texas corporations are hiring defense firms, and plaintiffs firms are beginning to file shareholder derivative or class-action suits related to alleged option backdating at Texas companies.
"This all heated up for us in June of this year," says Charlie Parker, a securities litigation partner in Locke Liddell & Sapp in Houston. "It's kind of become a rather large source of work for many lawyers," says Michael Gold, a corporate partner in Baker Botts in Washington, D.C. The work, Gold says, cuts across many practice areas.
"This is the kind of issue that kind of crosses a whole lot of legal and accounting ... issues. You have tax issues embedded in this. You have employee compensation issues embedded in this. You have corporate governance issues at the heart of this," Gold says. "In the purest, worst form, if the alleged conduct is true, it is fraud where there was a bad intent."
Labels: Department of Justice