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BREYER JUGGLES MESS OF BROCADE CASE U.S. District Judge Charles Breyer made it clear Wednesday he thinks the first stock options backdating case is a bit unwieldy. Late in a hearing in the criminal case against former Brocade Communications CEO Gregory Reyes and HR Manager Stephanie Jensen, Breyer asked lawyers for both sides to brief him on why the government would need to use more than 35 options grants to bring its case. “I’m not sure what the relief is,” said Christopher Steskal, the assistant U.S. attorney on the case. “I know what the relief is,” Breyer responded. “The relief is limiting the case.” That was one good sign for the defense team, which was frustrated earlier in the hearing when Breyer said he was disinclined to order the production of documents by Morrison & Foerster and Wilson Sonsini Goodrich & Rosati relating to their internal investigations of Brocade. Breyer slapped down arguments by the law firms that documents shown to the government remained privileged, but he refused to order production of the documents. Instead, he said that Reyes’ lawyer, Richard Marmaro, had not shown that they would be admissible in the court case.

Justin Scheck

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