Read The Recorder‘s roundup of the stock-option backdating scandal. There won’t be a test later … but there might be a subpoena.
Patel also drew distinctions between Roberts’ case and other recent decisions holding that privilege had been waived as to internal investigations. In those cases, including one involving Maxim Integrated Products in Delaware, the judge ordered in camera review of the material.
Freeman said he wouldn’t object to that route, but that he also didn’t think it would be necessary.
Patel asked the parties for more briefs, in part focusing on why discovery in Roberts’ SEC case shouldn’t just be put on hold until after his criminal trial, which on Monday was pushed back to June. Such a move would deprive Roberts’ criminal defense team of using discovery obtained from the SEC case.