Don't Look Back: Stock Options Dating and Internal Investigations 2007

Wednesday, February 7, 2007
4:00 p.m. – 7:00 p.m.

Sponsors
Criminal Law Section
Business Law Section
Business Litigation Committee
Federal Practice & Procedure Committee

Attend this seminar to learn both nuts and bolts and the cutting-edge issues in the current wave of stock option backdating investigations.  The experienced panel will review the technical and legal issues as well as the most recent developments in options dating and other investigations, including the expected impact of DOJ’s newly-released McNulty Memorandum. 

I. Options Backdating

• Problems with backdating options – accounting, tax and legal
• Parties under scrutiny
• Enforcement and prosecution theories and defenses

II. The Role of Board Committees and their Counsel in Investigations

• Representing Board Committees
• Representing the Company
• Government Expectations of Board Committees and Company Counsel Seeking to Cooperate
• Impact of the McNulty memorandum on privilege waiver decisions  

III. Current Issues in Representing Individuals

• Advancement Issues: KPMG and McNulty
• Fact Gathering
• Representing multiple employees
• Dealing with employers, audit committee counsel and SEC/USAO
• SEC and USAO update
  

Moderators

John J. Falvey, Jr., Esq.
Goodwin Procter LLP

Stephen G. Huggard, Esq.
Edwards Angell Palmer & Dodge LLP

Jonathan L. Kotlier, Esq.
Nutter McClennen & Fish LLP

Panelists

I. Options Backdating

Marian A. Tse, Esq.
Goodwin Procter LLP

Anthony C. Jordan, CPA
StoneTurn Group, LLP

David P. Bergers, Esq.
U.S. Securities and Exchange Commission

Nicholas C. Theodorou, Esq.
Foley Hoag LLP

II. The Role of Board Committees and their Counsel in Investigations

Thomas J. Dougherty, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP

William H. Paine, Esq.
Wilmer Cutler Pickering Hale and Dorr LLP

Joan McPhee, Esq.
Ropes & Gray LLP

Martin F. Murphy, Esq.
Foley Hoag LLP

Frances S. Cohen, Esq.
Bingham McCutchen LLP

III. Representing Individuals

Diane C. Freniere, Esq.
United States Attorney’s Office

Philip C. Koskie
U.S. Securities and Exchange Commission

Peter E. Gelhaar, Esq.
Donnelly, Conroy & Gelhaar, LLP

Joshua S. Levy, Esq.
Ropes & Gray LLP

Program Prices

$120 - BBA Members
$155 - Non-Members
$85 - BBA Sponsoring Section Member
$65 - BBA Member Legal Services/Government Lawyer
$25 - Law Student

© 1995 - 2008 All Rights Reserved
Boston Bar Association, 16 Beacon Street, Boston, MA 02108
Ph: 617.742.0615 | Fax: 617.523.0127
Terms of Use | Privacy Policy
Questions, comments? contact membership@bostonbar.org