Susan M. Greenwood | Bloomberg Law Roberts v. McAfee, Inc., Nos. 10-15561, 10-15670, 2011 BL 285614 (9th Cir. Nov. 7, 2011) The U.S. Court of Appeals for the Ninth Circuit held that McAfee, Inc. (McAfee) did not maliciously prosecute and defame its former general counsel Kent Roberts in an alleged "attempt to deflect attention from large-scale backdating of stock options within the company." The Court held that Roberts' claims of malicious prosecution do not survive under California's anti-Strategic Litigation Against Public Participation (anti-SLAPP). It further held that his claims for defamation and false light invasion of privacy are time-barred.
Stock Option Backdating
While these facts are far from conclusive of Roberts' culpability, they at least gave McAfee reason to suspect that Davis lacked the authority to revise the grant, that he and Roberts changed the grant just to make it more lucrative, and that the criminality of the act caused Roberts to keep mum about it during the Davis investigation.
Defamation and False Light Claims
To view additional stories from Bloomberg Law® request a demo now