Read The Recorder‘s roundup of the stock-option backdating scandal. There won’t be a test later … but there might be a subpoena.
In an Aug. 31 court filing, the SEC wrote that Heinen has identified 49 people who she thinks have evidence relevant to the case. They include “current and former Apple board members,” grant recipients, auditors and “corporate counsel from Wilson Sonsini.”
Wilson Sonsini Goodrich & Rosati lead partner Larry Sonsini advised its client Apple on the December 2001 grant to Jobs, The Recorder has reported. The extent of Sonsini’s knowledge of the grant, as well as how it was accounted for, remain unclear.
Henning said Heinen could use testimony from Wilson Sonsini attorneys to bolster her defenses on whether she knew she was committing fraud.
“She could try to say, ‘I spoke with Wilson Sonsini and they’re the best there is. I didn’t intend to defraud and I didn’t act recklessly,’” he said.
Attorneys who are asked to testify in civil cases frequently cite attorney-client privilege, he said. And in this case, Wilson Sonsini’s client was Apple, not Heinen, Henning said. Yet Apple may have waived all relevant privilege when working with the SEC in its investigation.
The SEC has asked San Jose federal Judge Jeremy Fogel, who is presiding over the case, to set a trial date of Sept. 8, 2008, and Heinen has asked for March 2, 2009.
