Read The Recorder‘s roundup of the stock-option backdating scandal. There won’t be a test later … but there might be a subpoena.
Skadden lawyer Jack DiCanio told the court that he believes information Byrd has given to the government has changed over time because of government pressure, so they needed to hear from Byrd � or Potter.
“We have been vigorously deposing individuals in the SEC case to defend against that action,” DiCanio said.
Breyer said the lawyers should feel free to try again after the criminal trial is through.
“Either he will say things that will support your in camera submission or he won’t,” Breyer said.
The judge granted the motion to quash quickly. Quinn Emanuel lawyer and author of the motion Diane Doolittle, who appeared on behalf of her colleague, Potter, didn’t have to say anything other than her name to the court.
“I didn’t think it was a close call,” said Doolittle afterward. “The judge ruled appropriately.”
DiCanio said he was disappointed with the ruling but felt reassured that Breyer would be paying close attention to Byrd’s testimony.
While judges often seek to stay civil proceedings and allow criminal ones to go ahead, Breyer previously allowed both to go ahead at the same time, creating an opening for Skadden lawyers.
