Any tax information contained in the document or discussions is not intended to be used, and cannot be used, for purposes of avoiding penalties imposed under the United States Internal Revenue Code.

TEXT OF INTERVIEWKAI RYSSDAL: The official word is they resigned. No admissions of intentional wrongdoing by anybody. Charles Elson teaches corporate governance at the University of Delaware.

Roberts then allegedly approved corporate disclosures that misrepresented Martin's start date as October 31, 2001.

According to the Court, however, the evidence against Roberts was mixed and he was acquitted of criminal fraud charges.

As the jury was unable to reach a verdict on the other charges against him, the DOJ dismissed the remaining counts.

This statute, the Ninth Circuit explained, requires (1) the defendant to make a prima facie showing that plaintiff's lawsuit arises "'from an act in furtherance of the defendant's rights of petition or free speech,'" and (2) that upon defendant's prima facie showing, "'the plaintiff . The Court continued: While these facts are far from conclusive of Roberts' culpability, they at least gave Mc Afee 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.

The Court rejected Roberts' contention that Mc Afee engaged in malicious prosecution because it allegedly "falsified and withheld evidence to make his culpability seem clearer than it really was." Taking Roberts' allegations as true, the Ninth Circuit conceded that "Mc Afee behaved inexcusably." Nevertheless, "lying about the facts is not enough to destroy probable cause." The Court concluded that "even if Mc Afee misrepresented certain aspects of the Promotion Grant to make Roberts look worse, it was also aware of other facts that, on their own, provided objectively reasonable suspicion that Roberts had committed a crime." Moreover, even Roberts' success at defeating the criminal and SEC actions against him did not destroy Mc Afee's reasonable suspicion.

Mc Afee and the Securities and Exchange Commission (SEC) both commenced investigations.

Mc Afee concluded that Roberts was culpable with respect to the Promotion Grant and terminated his employment.

And that might save some face for the now-former CEO's and chairmen of Mc Afee and CNET. Professor Elson, remind us what this options scandal is.

Let them walk away with comfortable golden parachutes. CHARLES ELSON: Well, it's this idea of backdating that's really the problem.

This document and any discussions set forth herein are for informational purposes only, and should not be construed as legal advice, which has to be addressed to particular facts and circumstances involved in any given situation.

Review or use of the document and any discussions does not create an attorney-client relationship with the author or publisher.

The committee approved the Samenuk Grant on January 15, 2002, but Roberts purportedly re-priced the options when Mc Afee's stock price fell on January 16.