Thursday, August 10, 2006

Brocade Communications Settles Shareholders' Derivative Lawsuit Concerning Options Backdating

According to August 10, 2006 press reports, Brocade Communications settled the derivative lawsuit that shareholders had filed in federal court in San Francisco in connection with Brocade's options-award timing miscues, in exchange for an agreement to adopt certain therapeutic governance measures and the payment of $525,000 in legal fees. The settlement also involves contributions to the legal fees of the defendant directors and officers (amount undisclosed).

Fifteen current and former Brocade Directors and Officers reportedly participated in today's settlement (including former Brocade director and Wilson Sonsini partner Larry Sonsini.) KPMG, Brodcade's auditor, also reportedly settled. Gregory Reyes, Brocade's former CEO, who faces criminal charge in connection with options timing problems at Brocade, did not take part in the settlement. Other shareholder lawsuits, including shareholder fraud lawsuits, remain pending. A hearing on the stipulation of settlement is scheduled for August 18.

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