Home > Publications > Webcast Briefing - Walking the Tightrope: Understanding Stock Option Backdating to Avoid the Fall
Webcast Briefing - Walking the Tightrope: Understanding Stock Option Backdating to Avoid the Fall 
August 07, 2006

A recording of this webcast is available:
http://media.gibsondunn.com/fstore/media/OptionBackdatingGDC_080706.wmv [7 mb Windows media file]

The slides are also available as a PDF file.

90-minute webcast briefing to learn more about the ever-expanding civil, criminal and regulatory issues arising from the recent allegations of stock option backdating, how some companies have responded and what others should be doing in response. Our presenters - experienced corporate and business crimes attorneys and forensic accountant - cover practical approaches for addressing this very topical subject facing many corporations today. Topics covered include:

  • Brief chronology of the stock option grants issue and types of scrutinized practices, such as backdating, forward dating and springloading
  • Current disclosure, accounting, tax and state law issues related to the timing of option grants
  • Steps companies should be taking proactively or in response to SEC and DOJ inquiries and investigations, as well as the related private civil lawsuits
  • Reviewing current stock option procedures and conducting internal investigations
  • When to involve outside counsel and forensic accountants
  • Issues to address at Audit Committee, Compensation Committee and Shareholder meetings

Featured presenters include:

Brian Lane, Partner. Gibson, Dunn & Crutcher LLP blane@gibsondunn.com- Brian is a partner in Gibson Dunn's Washington D.C. office, where he is a member of the Securities Regulation and Corporate Transactions Practice Groups.   He is a corporate securities lawyer with extensive expertise in a wide range of SEC issues. Brian counsels companies on the most sophisticated corporate governance and regulatory issues under the federal securities laws. He is a nationally recognized expert in his field as an author, media commenter, and conference speaker.  Brian was with the SEC for 16 years, and served as the Director of the Division of Corporate Finance where he supervised over 300 attorneys and accountants in all matters related to disclosure and accounting by public companies (e.g. M&A, capital raising, disclosure in periodic reports and proxy statements) .  In his practice, Brian advises a number of companies undergoing investigations relating to accounting and disclosure issues.

Lee Dunst, Partner. Gibson, Dunn & Crutcher LLP ldunst@gibsondunn.com - Lee is a partner in Gibson Dunn's New York office, where he is a member of the Litigation Department and the Business Crimes and Investigation Practice Group. Prior to joining Gibson Dunn, Lee served as an Assistant United States Attorney in Brooklyn, New York from 1995-2000.  His areas of expertise include white-collar crime, securities compliance and enforcement, internal investigations and civil litigation. His clients have included major corporations, as well as officers, directors and professionals in regulatory, investigative and litigation matters. Many of these representations have involved federal and state regulatory and criminal investigations. Lee's civil practice includes representation of clients in a wide variety of litigations and arbitrations, including securities class action lawsuits, accountants liability cases, directors and officers liability matters and general commercial disputes.

Stephen Fackler, Partner. Gibson, Dunn & Crutcher LLP sfackler@gibsondunn.com
Steve is a partner in Gibson Dunn's Palo Alto office, where he is a national co-chair of the firm's Executive Compensation and Employee Benefits Practice Group.  He has extensive experience nationwide advising public and private companies, private equity funds and boards of directors on compensation and benefits matters.  Steve also regularly advises senior executives on their employment and severance arrangements and directors in connection with compensation and indemnification arrangements.   His practice includes advising corporations on the design and administration of their stock compensation plans.  This counseling includes advising on the broad range of disclosure and compliance issues associated with both popular and esoteric compensation and benefits arrangements.

Gerry Fujimoto, Partner. Deloitte Financial Advisory Services LLP gfujimoto@deloitte.com Gerry is a partner in the San Francisco Forensic & Dispute Services practice. He has more than 20 years of experience in conducting audits, fraud and forensic investigations and litigation support, and is the western region leader for corporate investigations and also focuses on white collar criminal, SEC enforcement and securities class-action and derivative litigation defenses. Gerry also leads Deloitte Financial Advisory Services' ("FAS") Royalty and Revenue Recovery Services and Forensic Audit Assistance Services for the Northern Pacific & Hawaii region. Prior to this role, Gerry was an audit partner with Deloitte & Touche LLP. He has extensive experience in complex accounting areas such as revenue recognition, accounting for and the timing of reserves, restructuring charges and purchase accounting. Gerry has experience testifying as an expert witness and has been a frequent speaker on corporate governance matters.