As Mercury Interactive Corp. contemplates suing its former officers in a derivative action linked with options backdating, the company has sent clear signals it won’t step on plaintiffs lawyer William Lerach’s toes.
The Mountain View, Calif., company shed its CEO, general counsel and two others in connection with options problems last year. Now — according to a report compiled by Mercury’s special litigation committee — if the company pursued civil derivative claims against its former officers, it would do so only in Santa Clara County Superior Court. Such suits would probably be consolidated with Lerach’s cases in the same court.
