Mc Afee moved to strike Roberts’ claims pursuant to California’s anti-Strategic Litigation Against Public Participation (“anti-SLAPP”) statute. Because options grow more valuable as the stock price rises above the strike price, a lower strike price increases the value of the option. (“Mc Afee”), alleges that Mc Afee maliciously prosecuted and defamed him in an attempt to deflect attention from largescale backdating of stock options within the company. Because an option’s strike price is typically equal to the stock price at the market’s close on the grant date, changing the grant date can change the strike price.
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The WSJ’s Law Blog has more, including a copy of the indictment.
But even with the cloud of suspicion hovering over Davis, Roberts never disclosed the change Davis had “authorized” making to the Promotion Grant.
whether he admitted culpability or not–the conversations led to his downfall at Mc Afee.
Samenuk immediately asked Roberts to propose potential disciplinary measures; four days later, the Board voted to fire Roberts.
Davis changed the date of the grant from February 14 to April 14, when the stock price closed at $19.75.