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First, in 2000, Roberts received a grant of 20,000 stock options in connection with a promotion (Promotion Grant). Stock Option Backdating The Ninth Circuit chronicled three instances implicating Roberts in backdating stock option grants.Also in 2002, the compensation committee approved a grant of stock options to CEO George Samenuk (Samenuk Grant).
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Although Martin did not commence employment until December 2001, the committee voted to date the options as of October 30, 2001.
Roberts then allegedly approved corporate disclosures that misrepresented Martin's start date as October 31, 2001.
Malicious Prosecution Mc Afee moved to strike Roberts' malicious prosecution claims under anti-SLAPP. demonstrate a probability of prevailing on the challenged claims.'" On appeal, the Court continued, the only issue was whether Roberts demonstrated a "probability of prevailing" on his malicious prosecution claims. A claim for malicious prosecution, said the Court, requires a showing, among other things, that a prior action "'was brought without probable cause.'" The Ninth Circuit acknowledged that many of the facts surrounding stock option backdating at Mc Afee "are disputed," but the "undisputed facts establish that Mc Afee had probable cause to accuse Roberts of participating in the illegal backdating of three option grants." Starting with the Promotion Grant, the Court explained that Roberts confessed to the backdating years after it occurred, and after (1) he led an investigation of Davis for alleged fraud, (2) Mc Afee investigated Davis for issuing and repricing stock options without authorization, and (3) the SEC began to investigate Mc Afee in 2006.