In the News

Haynes and Boone Obtains Important Victory in Stock Options Backdating Case

DALLAS – A federal judge in the Northern District of Texas has dismissed the majority of the Securities & Exchange Commission’s suit against Haynes and Boone client Douglas Bartek, the former chairman and CEO of Plano-based Microtune, Inc.

The SEC sued Mr. Bartek and others in 2008, alleging that Microtune had awarded backdated stock options to its employees without accounting for them properly. Haynes and Boone argued in a motion for summary judgment that the SEC’s complaint was based on conduct that occurred nearly ten years ago, and was barred by the statute of limitations, 28 U.S.C. § 2462. U.S. District Judge Jane J. Boyle agreed. >>



Recent Publications

Texas Bar Journal Guest Article: 2011 Year in Review - Antitrust and Business Litigation

In 2011, the U.S. Supreme Court issued a significant opinion that should narrow the scope of general jurisdiction for corporations. >>

Armor Holdings, Inc., Settles Foreign Corrupt Practices Act Claims with SEC, DOJ

Armor Holdings, Inc., recently resolved allegations that it violated both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act. Because of Armor’s extensive cooperation with the government, it was able to obtain a non-prosecution agreement from the Department of Justice and a settlement from the Securities and Exchange Commission. >>

Company Settles with State Attorney General Over Failure to Disclose Data Breach

WellPoint, Inc. recently reached a settlement with the Indiana Attorney General following its failure to disclose a security breach involving consumers’ personal information. >>



Emily W. Westridge

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5221
F +1 214.200.0656

Áreas de Practica

Educación

  • J.D., University of Texas School of Law, 2007, cum laude, Phi Delta Phi.
  • B.A., Philosophy and Anthropology, University of North Carolina at Chapel Hill, 2003, cum laude, Phi Beta Kappa.

Bar Admissions

  • Texas, 2007

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Judicial Clerkships

The Honorable W. Osmond Smith III, Superior Court of North Carolina (Caswell and Person Counties), May-September 2002.

Emily Westridge is an associate in the Antitrust, Securities Litigation, and White Collar Criminal Defense Practice Group. Her practice focuses on defense of corporations and individuals facing federal and/or state investigations, internal corporate investigations, and complex business litigation.

Selected Client Representations:

  • Internal investigation and remediation of a data security breach at a Fortune 200 transportation company; civil prosecution of entity responsible for the security breach.
  • Internal investigation of alleged FCPA violations made against a Fortune 200 company in connection with the construction of cross-border facilities.
  • Defense of the former CEO of an international technology company in an SEC enforcement action for options backdating.
  • Internal investigation on behalf of the Audit Committee of a national construction and restoration company regarding securities issues and fraud allegations.
  • Defense of an international freight forwarder under federal investigation for antitrust compliance issues.
  • Defense of a national multi-industry company in breach of warranty litigation.

Recent Publications

  • "2011 Year in Review: Antitrust and Business Litigation," Texas Bar Journal, January 2012.
  • "2010 Year in Review: Antitrust and Business Litigation," co-author with David McAtee, Texas Bar Journal, January 2011.
  • "Managing Risk: A Guide for Investment Advisers," co-author with Katherine Addleman, National Society of Compliance Professionals Southern Regional Meeting, February 2010.
  • "2009 Year in Review: Antitrust and Business Litigation," co-author with David McAtee, Texas Bar Journal, January 2010.
  • "2008 Year in Review: Antitrust and Business Litigation," co-author with David McAtee, Texas Bar Journal, January 2009.

Professional Leadership

  • Executive Committee of the Board of Directors of the Dallas Mayor's Committee
  • Patrick E. Higginbotham Inn of Court, Associate (2009)

Selected Representative Experience


Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc. (S.D. Tex.), a False Claims Act qui tam suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.

SEC v. Microtune, 783 F. Supp.2d 867 (N.D. Tex. 2011)
In a stock option backdating case, won summary judgment and dismissal of all claims in action brought by the SEC against a former CEO.

Memberships

  • American Bar Association
  • ABA Young Lawyers Division
  • State Bar of Texas
  • Texas Young Lawyers Association
  • Dallas Bar Association, Memorial and History Committee 
  • Dallas Association of Young Lawyers
  • Junior League of Dallas

Online Publications

01/13/2012 - Texas Bar Journal Guest Article: 2011 Year in Review - Antitrust and Business Litigation
In 2011, the U.S. Supreme Court issued a significant opinion that should narrow the scope of general jurisdiction for corporations.

07/21/2011 - Armor Holdings, Inc., Settles Foreign Corrupt Practices Act Claims with SEC, DOJ
Armor Holdings, Inc., recently resolved allegations that it violated both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act. Because of Armor’s extensive cooperation with the government, it was able to obtain a non-prosecution agreement from the Department of Justice and a settlement from the Securities and Exchange Commission.

07/11/2011 - Company Settles with State Attorney General Over Failure to Disclose Data Breach
WellPoint, Inc. recently reached a settlement with the Indiana Attorney General following its failure to disclose a security breach involving consumers’ personal information.

01/01/2011 - 2010 Year in Review: Antitrust and Business Litigation
In 2010, the U.S. Supreme Court issued a significant antitrust opinion and another opinion that clarified the scope and constitutionality of the crime known as “theft of honest services.” The Court also adopted important amendments to Federal Rule of Civil Procedure 26 concerning expert discovery. Finally, the U.S. Department of Justice and the Federal Trade Commission promulgated new horizontal merger guidelines.

12/22/2010 - SEC Enters First Ever Non-Prosecution Agreement With a Cooperating Company
The U.S. Securities and Exchange Commission announced on December 20, 2010, that it entered into a non-prosecution agreement with Carter’s, Inc., an Atlanta-based provider of children’s clothing. This is the first non-prosecution agreement entered since the SEC announced its new cooperation initiative in January 2010 to encourage cooperation from corporations and individuals.

02/08/2010 - Managing Risk: A Guide for Investment Advisers
As an investment adviser, you make your living by predicting, weighing, and ranking risks for your clients. But do you pay equal attention to the risks that you and your firm face? As we leave behind the tumultuous Aughts, now is the perfect time to revisit your compliance policies and internal controls to ensure that you are doing everything possible to safeguard your firm’s future.

01/01/2010 - 2009 Year in Review: Antitrust and Business Litigation
In 2009, the U.S. Supreme Court issued a significant antitrust opinion and another opinion of profound importance with roots in antitrust law. At the same time, the Federal Trade Commission announced its decision in an antitrust dispute that might be interesting to anyone who has bought or sold a home recently. Finally, looking ahead to 2010, the Court is considering an appeal that may clarify when independent actors may be considered a single entity for antitrust purposes.

01/01/2009 - 2008 Year in Review: Antitrust and Business Litigation
In 2007, the U.S. Supreme Court issued four significant antitrust decisions. By comparison, 2008 was a quiet year. Still, the year has been marked by several developments of interest to lawyers who handle business and antitrust cases.