In a criminal options backdating case, we secured a dismissal before trial for Michael Shanahan Jr. NM , who served on Engineered Support Systems Inc's board of directors and was a member of the company's compensation committee. We also represented the client in a parallel options backdating action brought by the Securities and Exchange Commission. After eight days of trial testimony, a federal judge in Missouri granted our motion for judgment as a matter of law. Legal insiders called Judge Hamilton’s ruling on Keker & Van Nest’s motion for judgment (a so-called JMOL motion) “exceptionally rare” in cases brought by the SEC. In 2011, the U.S. Circuit Court of Appeals for the Eighth Circuit upheld the dismissal of the suit.
The Daily Journal interviewed lead partner Stuart Gasner about his victory, and the American Lawyer named him the Litigator of the Week. The Daily Jo