Corporate Accountability Report Index-Summary

SALARIES

SARBANES-OXLEY ACT

– Executive compensation clawback application

– – CEO not accused of company fraud, argument (D. Ariz.), 374; wrongdoing not required, 615; clawbacks on innocent executives expected to continue, 791; SEC to file for summary judgment, 821; summary judgment filed, 1023; CEO says SEC failed to show misconduct, 1196
– – Indemnification provision in derivative settlement violates Act (2d Cir.), 1087
– – Innocent executives, future use possible, 851

– Internal controls

See INTERNAL CONTROLS

– PCAOB

– – Enforcement proceedings public, amendments sought, 828; would strengthen enforcement, 1321
– – Registration of foreign applicants, inspection or SOX compliance required, 1118

– Whistleblowers

See WHISTLEBLOWERS

SCIENTER

– Auction rate securities misstatement case proceeds (S.D.N.Y.), 1175
– Biovail accounting fraud, SEC summary judgment attempt (S.D.N.Y.), 655
– Boston Scientific, scienter in stent fraud case (D. Mass.), 499
– Deloitte & Touche role in Adelphia, dismissed (S.D.N.Y.), 990
– Ernst & Young, Accredo Health audit, misleading statements, no scienter (6th Cir.), 1059
– Failed merger, disclosure duty lacking, no scienter (2d Cir.), 954
– Fraud claim against mortgage underwriters (9th Cir.), 713
– Loss exposure after hurricane, PXRE Group (2d Cir.), 18
– Medicis Pharmaceutical, product return reserves GAAP violations (D. Ariz.), 48
– Medtronics, misleading statements about recalled device, no scienter (8th Cir.), 1060
– Persons who must be shown to have, BNA Insights, 775
– Revenue manipulation by Diebold, suit dismissal (6th Cir.), 43
– Statute of limitations, scienter discovered, Merck Vioxx suit (U.S.), 434; statute of limitations defense in securities cases harder to assert, BNA Insights, 690
– Stock option backdating

– – Bar on former CEO denied (N.D. Cal.), 1298
– – False forward looking statements, cautionary language (11th Cir.), 100

SEC

See SECURITIES AND EXCHANGE COMMISSION (SEC)

SECURITIES

– Asset-backed securities, assessment and disclosure rules proposed, 1113
– Convertible promissory note is security subject to preferred stock contract (Del. Ch.), 625
– Credit crisis litigation, naming directors, increase, NERA study, 621
– Fraud

See FRAUD

– IOSCO releases regulation principles, 630
– Litigation wave, financial institutions with state law claims, 1254
– Redemption not allowed by Thoughtworks preferred shareholders (Del. Ch.), 1293
– Reform

– – Chance of legislation, Outlook, 110
– – Senate bill momentum growing, 298

– Short sales

See SHORT SALES

– Systemic risk

See RISK MANAGEMENT

SECURITIES AND EXCHANGE COMMISSION (SEC)

– Budget

– – Credit rating agency oversight, other priorities, hearing, 439
– – Financial crimes

See LEGISLATION, FEDERAL, HR 3995

– – FY 2011, Obama proposes 12% increase, 147; appropriations bill delayed, 1111; continuing resolution maintains FY 2010 levels, 1374
– – Obama funding, Schapiro pleased, 940
– – Responsibilities and budget would increase under reform legislation, 571; Senate panel approves spending increase, 793; new offices delayed due to uncertainty, 1314
– – Self-funding

– – – CII letter, 91
– – – Removal from appropriations process, legislation, 264; risk-retention, funding may delay support, 301; committee hearing, 402; business groups oppose corporate governance measures, 403; testimony urges Senate to pass Dodd bill, 405; further action, see LEGISLATION, FEDERAL, S 3217
– – – Strategic plan would benefit, 1169

– Capital markets information clearinghouse, RiskFin Div., 220
– Confidentiality request handling, Corp. Fin. Div., IG report, 1083
– Cooperation with investigations

– – Attorney-client privilege, offer only facts and details to preserve, 708
– – Criminal exposure concerns, 197
– – FCPA, may publish information about effects, 1170; benefits may be published, 1193; cooperation credit unclear, 1194
– – New tools, 61; publication of results considered, 269; challenges to success, 269; 10 cooperation agreements in place, 567
– – Policy analysis, Insights, 131

– Enforcement policy

– – Attorney regulating and disciplinary standards, 592
– – Auditor liability for management not involved in audit, 742
– – Authority

– – – Expansion

See LEGISLATION, FEDERAL, HR 4173

– – – Increase under reform bill, 735; staff will be added to implement, 761

– – Corporate and personal penalties should increase, says Comm'r Aguilar, 541
– – Credit rating agencies

See CREDIT RATING AGENCIES

– – “Dear CFO” letters to continue, 520; repurchase agreements, no material noncompliance found, 996
– – Debt resolution delegated to enforcement director, 948
– – Deferred and non-prosecution agreements, effects, BNA Insights, 801
– – FCPA, third party charges, other statutes used to reach corruption, 375
– – Goldman Sachs and Rorech illustrate more aggressive agency, 660
– – Independent consultants as remedy, use increases, BNA Insights, 445
– – Internal investigations and enforcement action, study, 878
– – Light touch approach ineffective, says Schapiro, 1224
– – Loss contingency disclosure, scrutiny increasing, 443
– – Penalty statement needs reform, 145
– – Political considerations lacking, says Schapiro, 403
– – Pre-exam reviews, pilot program, 595
– – Referral from whistleblowers and divisions drive enforcement, 820
– – Special units will catch, prevent fraud, 146
– – Staffing levels increase in N.Y., 246
– – Stanford Ponzi scheme, Dodd (D-Conn) wants legislation to remedy issues, 1018
– – 2009 developments, BNA Insights, 355
– – Wells notice process divorced from original purpose, 1254
– – “Wish list” submitted to House for reform bill, 570

– Examination process, OCIE to include registrant input, 1171
– FOIA

– – Agency practices, IG to review, 947
– – Confidentiality of SEC records for regulatory and oversight reasons questioned, 786; hearing set, 818; application of Dodd-Frank provision is prospective (SEC), 819; legislation to remove exemption introduced, 850; Issa (R-Calif) letter challenges Schapiro claim confidentiality necessary, 878; guidance issued, 979; bills, see LEGISLATION, FEDERAL, HR 5948, HR 5970, HR 6086, S 3717
– – Denied requests, report, 125
– – Handwritten notes disclosure (D.D.C.), 854
– – Obama open policy, failure to implement, 305
– – Withholding internal documents (S.D.N.Y.), 10

– Fraud

See FRAUD

– IFRS

– – Convergence roadmap, priority, 156; SEC supportive statement, 204; minimizing costs important, 443; website to be unveiled, 473; Schapiro restates support for adoption, 525; comments sought on incorporation issues, 889
– – Suitability analysis, progress report, 1203; endorsement critical, says IASB chair, 1204

– Internal controls

See INTERNAL CONTROLS

– Japan and SEC increase collaboration, 710
– Madoff, SEC negligence in oversight (S.D.N.Y.), 1297
– N.Y. civil frauds unit will complement, 1084
– No-action letters

See NO-ACTION LETTERS

– NRSRO registration and examinations program needs improvement, GAO report, 1058
– Personnel

– – Compliance Inspections and Exam. Office, di Florio named director, 11
– – Enforcement Div., Scheck named chief accountant, 333

– Pornography viewing by staff, sanctions for, 711; FOIA exemption for names of staff, 1381
– Reorganization

– – Corp. Fin. Div. creates new units, 764
– – Effects, Outlook, 108
– – Staff redeployment to specialized units nearly done, 376
– – Structural and organizational changes, effects, 167
– – Structured and New Products Unit to focus on “Maturity Wall,” 302

– Rulemaking

– – Broker-dealers

– – – Audit reports, guidance coming, 1056; rules proposed, 1353
– – – Auditor role in oversight, 1327

– – Climate change risk disclosure, 89; Bachus (R-Ala) questions decision, 118; Action Memo, 184; effect of guidance, 218; development of regulations, materiality, BNA Insights, 225; effect of guidance, panel, 464
– – Credit ratings, SEC interpretations updated, 823
– – Election results have no impact, says Schapiro, 1253
– – Input from attorneys wanted, says Dir. Cross, 465
– – Non-GAAP financial measures guidance, 52
– – Off-balance sheet activities, lawmakers want disclosure, 891; SEC considers guidance on short-term borrowings, 982; SEC to propose disclosure rules, 1015
– – Pay-to-play proposal would add to state and local laws, 302
– – PCAOB inspection report review, amendments, 928
– – Priorities continue despite Dodd-Frank, 1055
– – Proxies

– – – Access, standardized approach sought by institutional investors, 90; changes coming in 2010, Outlook, 106; officials provide update, 164; rule amendments finalized, 224; status update, 374; growth could be compromised by proposals, says Comm'r Paredes, 439; rules awaited, 847; first-in-time approach, likelihood, 848; rules adoption could be soon, 876; rule adopted, 906; comments center on shareholder eligibility requirements, 919; communications critical to avoid shareholder nominations, 939; investor relations key, webcast, 979; effective date and window period, 980; use limited due to high bar, panel, 1013; suit challenges rule, seeks stay (D.C. Cir.), 1050; shareholders ready to nominate, 1052; SEC agrees to stay, 1075; stay changes focus of 2011 proxy season, 1075; briefing schedule set, 1137; advisory firm role in comments, 1137; annual elections, hostile takeovers issue after stay, 1248; SEC rule adoption flawed, brief (D.C. Cir.), 1282; rules should not apply to registered investment companies, brief, 1349
– – – Advisory firms, regulation considered, 438
– – – Disclosure, GAO report on procedure, 39; compliance with rules, Analysis and Perspective, 76; director qualifications and diversity, 118; risk assessment and policies after rule, Action Memo, 162; advice on proxy and risk disclosures, 188; SEC issues technical corrections, 224; analysis, data management increase disclosure effectiveness, Action Memo, 238; e-proxies should increase investor participation, 297; status update, 374; proactive approach recommended, 457; too early to assess compliance, says SEC's Parratt, 544; policy review and benchmarking needed, Action Memo, 909
– – – Rule revisions, open meeting to consider, 708; overhaul consideration approved, 730; comments reviewed, 1250

– – Reform bill implementation

See WALL STREET REFORM AND CONSUMER PROTECTION ACT

– – Say-on-pay, implementation overview, BNA Insights, 1332
– – Short sales

See SHORT SALES

– – Stable platform adjustment period for IFRS conversion considered, 471
– – Subpoena authority delegation, final rule, 852
– – Variable interest entities consolidation, guidance implementation issues, 1325

– Settlements

– – Court scrutiny, 344
– – Number and amount, FY 2010 first quarter, 168; first half, 519; final FY 2010, 1371
– – Statements of facts, providing when submitting proposals, 345

– Stock option backdating

See STOCK OPTION BACKDATING

– Whistleblowers internal complaints, commitment questioned, 936

SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

See CLASS ACTIONS

SETTLEMENTS

– AIG market division scheme, Ohio AG settles class action (S.D.N.Y.), 765
– Applied Minerals and former CEO settle SEC fraud charges (D. Idaho), 47
– Bank of America, municipal bonds derivatives manipulation, 1318
– Cendant Corp., former CEO settles SEC fraud charges (D.N.J.), 47
– Citigroup, executives, subprime mortgage misrepresentation claims (D.D.C.), 823; judge seeks more information, 883; SEC says firm negligent, not willful, 987; error was unintentional, Citigroup urges acceptance, 1024; court approves settlement, 1143
– Countrywide Fin.

– – Derivative litigation, no value after Bank of America merger settlement (Del.), 573
– – Loan exceptions, former CEO, settles (C.D. Cal.), 1143
– – Mortgage underwriting standards, class settlement (C.D. Cal.), 498; preliminary approval granted, 829

– Dell failure to disclose exclusivity payments (D.D.C.), 796; two former accounting officials settle, 957; settlement approved, 1150
– Diebold earnings manipulation claims (D.D.C.), 599
– ERISA fiduciary duty

– – Fannie Mae, preliminary approval (D.D.C.), 658
– – Ford Motor Co., settlement (E.D. Mich.), 957
– – KB Home, final settlement approval (C.D. Cal.), 993
– – Marsh & McLennan, class settles (S.D.N.Y.), 175
– – Oneida, preliminary approval (N.D.N.Y.), 658
– – Washington Mutual, preliminary approval (W.D. Wash.), 926

– Executive compensation clawback, indemnification provision violates Sarbanes-Oxley (2d Cir.), 1087
– Galleon Mgmt. insider trading case, Schottenfeld settlement approved (S.D.N.Y.), 469; Goel settles, 1230; separate trials for Rajaratnam and Chiesi allowed, 1299
– GE FCPA violations (D.D.C.), 824
– Goldman Sachs disclosure violations in Abacus, court approves settlement (S.D.N.Y.), 767; IG Kotz will investigate settlement motivation, 794; SEC grants permanent exemption to ICA provision, 921; VP seeks dismissal based on Morrison ruling, 1090; IG reports no link to Dodd-Frank bill timing, 1112; SEC brief says case not inconsistent with Morrison ruling, 1142; SEC to replead due to Morrison ruling, 1197
– Independent consultants as remedy in enforcement actions, use increases, BNA Insights, 445
– InfoUSA, executives settle SEC charges (D. Neb.), 276; CFO suit survives dismissal, 1226
– Judicial authority to refuse to approve government settlements, BNA Insights, 1234
– KMart liquidity misstatements, former CEO civil penalties cut in settlement (E.D. Mich.), 1296
– Loss causation, Omnicare misstatements of readiness for Medicare changes (U.S., rev den), 1230
– Lucent revenue inflation, SEC settles with last defendant (D.N.J.), 992
– Mayer Brown partner, SEC settlement without penalty, approval deferred (S.D.N.Y.), 203; court approves, 627
– Mergers and acquisitions

– – Bank of America merger with Merrill Lynch, SEC settles proxy disclosure charges (S.D.N.Y.), 143; court approves, 193; correction, 224; proposed settlement rejection, SEC enforcement developments, BNA Insights, 355; IG Kotz investigating $33M settlement rejected by court, 569; former CEO Lewis denies allegations (N.Y. Super. Ct.), 921
– – Cox Radio disclosure settlement (Del. Ch.), 550
– – Natl. City Corp. merger with PNC Fin. Serv. (Del.), 497
– – Personal benefit to executive disclosure (S.D. Iowa), 252
– – Teppco merger settles derivative claims (Del. Ch.), 152

– Merrill Lynch, former executive settles Enron aiding and abetting charges (S.D. Tex.), 524
– Mills Corp. settles financial fraud claim (E.D. Va.), 46
– Moore Stephens Wurth Frazer & Torbet settle with SEC, 1388
– New Century Fin., loan info lacking (C.D. Cal.), 927
– Office Depot selective disclosures charges (S.D. Fla.), 1176
– Outside consultant payment, CFO dishonest (E.D. Mo.), 925
– Pay-to-play, N.Y. AG settles Common Retirement Fund claims, 154
– Qwest CEO insider trading, disgorgement (D. Colo.), 956
– Refco fraud

– – Former directors settle with forfeiture (S.D.N.Y.), 491; former COO agrees to forfeiture, 927
– – Grant Thornton settles aiding and abetting claim (S.D.N.Y.), 1150

– Reinsurance payment treatment, SEC fines Assurant for discovery noncompliance (S.D.N.Y.), 127
– Release in state case bars federal claim with same plaintiff (3d Cir.), 884
– Revenue recognition, losses as profits (W.D. Wash.), 862
– Schering-Plough settles class action (D.N.J.), 42
– SEC

– – Court scrutiny, 344
– – Number and amount, FY 2010 first quarter, 168; first half, 519; final FY 2010, 1371
– – Statements of facts, providing when submitting proposals, 345

– Securities class actions, 2009 increase, 300
– Sham reinsurance contracts, General Reinsurance settles DOJ and SEC charges (S.D.N.Y.), 70
– Stock option backdating

– – Attorneys' fees, objections deadline must be after motion filed (9th Cir.), 924
– – Broadcom class action settles (C.D. Cal.), 21
– – Comverse settles (E.D.N.Y.) (N.Y. Sup. Ct.), 22; CEO settles (E.D.N.Y.), 1299
– – Engineered Support Systems, former CEO settles (E.D. Mo.), 42; charges against another director dismissed, 173
– – Scienter lacking, bar on former CEO denied (N.D. Cal.), 1298
– – Trident Microsystems, former executives, settle charges (D.D.C.), 798

– Subprime exposure risk, State Street Bank misleading investors (D. Mass.) (SEC), 149
– Symbol Tech, former VP settles financial reporting fraud charges (E.D.N.Y.), 383
– Veritas Software class settlement, attorneys' fees approved (3d Cir.), 1115
– WellCare Health Plans, withheld funds included as revenue, class settlement (M.D. Fla.), 856
– Whistleblowers, derivative class action, SEC objects to CEO SOX indemnity provision (2d Cir.), 325

SHAREHOLDER ACTIVISM

– Bank of America disclosure in Merrill Lynch merger, CalPERS opposes director re-election, 436
– CalSTRS success, 943
– Coal-ash risk management disclosure resolutions, 245; MDU Resources vote, 465
– Deepwater drilling risk disclosure by energy and insurance companies, coalition letter, 852
– Event activism will grow, survey says, 6
– Executive compensation, rights allow voice, says professor Bebchuck, 616
– Proxies

– – Season, intensity expected, 60
– – SEC Concept Release examines system, seeks comments, BNA Insights, 1028

SHAREHOLDER PROPOSALS

– Bonus delay for highly paid bank employees (SEC No-Action Letter), 244
– Climate change

– – Number, 244
– – Support sets record, 734

– FINRA directors and officers ties with Madoff, study approved, 880; highly paid employees compensation disclosure, 1081; internal investigation says no misconduct in pay, 1082
– Say-on-pay, other compensation issues, 2011 expected activity, 875
– Stock ownership not proven, Apache Corp. sues to exclude proposal (S.D. Tex.), 98; court allows exclusion from proxy, 243

SHORT SALES

– Preemption of antitrust claims in transactions (U.S., rev den), 523
– Restrictions, alternative uptick rule, SEC rulemaking, 200; international proposals follow, 220; implementation issues discussed, 494
– Standards, changes coming in 2010, Outlook, 106
– SulphCo market manipulation pleading deficiency (S.D.N.Y.), 738

SMALL COMPANIES

– Auditing, PCAOB forums, 255
– Internal controls, SOX audit exemption for small companies urged, 526; uncertainty over status causes boards issues, 618; exemption should be dropped, says groups, 628
– Say-on-pay, need more time, modifications, 1283

SOFTWARE FIRMS

– Oracle Applications Suite 11i misrepresentations loss causation (9th Cir.), 1258
– PurchasePro.com, former CEO sentence upheld (4th Cir.), 740
– Take-Two Interactive Software, statute of limitations, derivative stock option backdating claim (S.D.N.Y.), 350
– Thoughtworks, redemption not allowed by preferred shareholders (Del. Ch.), 1293
– Veritas Software class settlement, attorneys' fees approved (3d Cir.), 1115
– Voyence merger, fiduciary duty claims in merger (Del. Ch.), 794

STANDING

– Adelphia standing to sue banks (S.D.N.Y.), 17
– Derivative litigation

– – Creditors right to bring fiduciary breach suit against insolvent LLC (Del. Ch.), 1258
– – “Double derivative” action (Del.), 949
– – Preferred shareholders (Del. Ch.), 653
– – Reverse stock split (9th Cir.), 952

– Refco, imputing acts of insiders to corporation (2d Cir.), 12; no N.Y. standing, 1296

STATUTES OF LIMITATIONS

– Art dealer investment account mishandling (U.S., judg vac), 496; remand to district court to supplement record (9th Cir.), 736
– Continuing wrong doctrine application, closely held corporation fiduciary claims (N.C. Ct. App.), 331
– Derivative stock option backdating against Take-Two Interactive Software (S.D.N.Y.), 350
– ERISA fiduciary duty, tolling for fraud (D.D.C.), 624
– Pharmacia, Pfizer, Celebrex misrepresentations (U.S., rev den), 496
– Rescission of share redemption by minority shareholder, La. law (5th Cir.), 248
– Scienter discovery time, Merck Vioxx suit (U.S.), 434; statute of limitations defense in securities cases harder to assert, BNA Insights, 690
– Whistleblowers

– – Firing starts clock (9th Cir.), 1302
– – SOX, estoppel tolls (DOL ARB), 411
– – Wall Street reform law extends, 935

STOCK OPTION BACKDATING

– Aiding and abetting recordkeeping claims (E.D. Mo.), 70
– Attorneys' fees, objections deadline must be after motion filed (9th Cir.), 924
– Broadcom Corp.

– – Class action settles (C.D. Cal.), 21
– – Conviction of former CEO (N.D. Cal.), 333
– – Prosecutorial misconduct leading to dismissal, appeal (C.D. Cal.), 41; SEC won't pursue, 148; DOJ won't pursue, 576

– Brocade Comm., former CEO sentenced (N.D. Cal.), 719
– Comverse settles (E.D.N.Y.) (N.Y. Sup. Ct.), 22; CEO settles (E.D.N.Y.), 1299
– Disclosure by Goldman Sachs, no artful pleading, remand to state (E.D.N.Y.), 885
– Engineered Support Systems, former CEO settles (E.D. Mo.), 42; charges against another director dismissed, 173
– Forward looking statements false, cautionary language (11th Cir.), 100
– Omitted claim, amending in Apple class action (9th Cir.), 148
– Scienter lacking, bar on former CEO denied (N.D. Cal.), 1298
– Statute of limitations, derivative claim against Take-Two Interactive Software (S.D.N.Y.), 350
– Trident Microsystems, former executives, settle charges (D.D.C.), 798

STOCK OPTIONS

– Estoppel in Goldman derivative misleading value claims (E.D.N.Y.), 1116
– Proxy solicitation to approve plan, claim direct, late (9th Cir.), 170
– Tax deductions overstated, 622

STOCKS

See SECURITIES

SUMMARY JUDGMENTS

– Biovail accounting fraud, SEC attempt fails (S.D.N.Y.), 655
– CSK Auto, executive compensation clawback application, innocent CEO, summary judgment filed (D. Ariz.), 1023; CEO says SEC failed to show misconduct, 1196
– Whistleblower, yelling at another employee would have led to firing (D.N.J.), 715

SUPREME COURT, U.S.

– Adelphia fraud scheme, Rigas sentence (rev den), 1114
– Arbitration contract clause binding on limited-English speaker (rev den), 1350
– Criminal fraud conviction elements, Dynegy executive (rev den), 68
– Derivative litigation, proxy disclosure misstatement, presuit demand futility not shown (rev den), 523
– Double jeopardy, Enron Broadband executive, claims not colorable (rev den), 1199
– Federal election campaigns, corporate and union spending limits (dec), 116; correction, 155; legislative response possible, 265; bills, see LEGISLATION, FEDERAL, HR 4790, HR 5823
– Fraud claim, drug firm's failure to disclose adverse reaction information (rev grant), 623; statistically insignificant adverse events as basis for claim, amicus briefs, 954; NASAA, AARP support investors in amicus briefs, 1256
– Honest-services fraud

– – Enron CEO, vagueness (oral arg), 247; bribery and kickback limitation (dec), 642; effects of ruling limited, BNA Insights, 864; case will limit fraud prosecutions, 984; Senate committee chair wants legislative fix, 1057
– – Hollinger Intl. CEO, remanded to consider Skilling (rem), 642; mail fraud and obstruction upheld, fraud reversed (7th Cir.), 1198

– Jurisdiction

– – “Foreign-cubed” case, trade groups and SEC file amicus briefs, 222; standard unlikely to change, panel, 271; prescriptive, not subject matter jurisdiction, conduct test, BNA Insights, 281; connection to U.S. questioned (oral arg), 322; no 10(b) application (judg aff), 641; decision may push global class actions to other opt-out countries, panel, 821; ramifications of decision, BNA Insights, 831; Wall Street law expands jurisdiction, 1080; effects of Wall Street law, BNA Insights, 1098; transactional test brings certainty, BNA Insights, 1182; impact of case on SLUSA questioned, 1376
– – “Nerve center” test for Hertz corporate citizenship diversity (dec), 198

– Kagan nomination, questionnaire answered, confirmation hearings set, 518
– Loss causation, Omnicare and Halliburton, U.S. asked to file brief (rev sought), 1114; (rev den), 1230; amicus brief filed in investors' suit, 1320
– PCAOB constitutionality, members removable at will by SEC (dec), 672
– Preemption of antitrust claims in short sale transactions (rev den), 523
– Short-form merger, Del. appraisal action remedy (rev den), 202
– Statutes of limitations

– – Art dealer investment account mishandling (judg vac), 496; remand to district court to supplement record (9th Cir.), 736
– – Pharmacia, Pfizer, Celebrex misrepresentations (rev den), 496
– – Scienter discovery time, Merck Vioxx suit (dec), 434; statute of limitations defense in securities cases harder to assert, BNA Insights, 690

– Stock tip e-mailed by publisher subject to §10(b) (rev den), 679
– Tax accrual work papers protection (rev sought), 7; amicus briefs, 100; additional briefs, 123; no circuit split, says government brief, 377; circuit split needs resolution, reply brief, 440; attorneys disappointed at no review (rev den), 539; communication with attorneys and auditors could be affected, 568