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In the first situation, backdating augments the option’s value, which raises the cost of the option to the company without shareholders’ permission. 2011) (affirming defendant’s conviction for backdating stock options without authorization).

It becomes fraudulent where the company has not authorized the practice, or where the company does not report the backdating as a compensation expense.

The CFRA report did not mention Roberts or any other Mc Afee employees by name; nor did it mention the Promotion Grant or any other grant that went to Roberts.

On May 16, 2006, the Center for Financial Research and Analysis (“CFRA”) published a report identifying seventeen companies that, judging by data showing that they had granted large numbers of options “at exercise prices and dates that matched exactly or were close to a 40-day low in the[ir] . Within days of the report’s publication, Mc Afee began an internal review of its stock option practices, and the Securities and Exchange Commission (“SEC”) opened an investigation the following week.

Law firms blow a lot of rhetorical hot air affirming their commitment to achieving gender diversity in the workplace.

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Roberts says he did not acknowledge any problems with his Promotion Grant, and he perceived none.

He contends that he raised the issue of the Promotion Grant only “in the spirit of thoroughness,” and to mollify Mc Afee’s CEO, George Samenuk, who had been involved in a large options grant that Roberts had flagged as problematic and whom Roberts worried might view the investigation as a personal attack.

Davis had a criminal history that made Roberts’ story, even his version of it, look bad.

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