| SUSAN S. MUCK |
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| Emphasis |
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Regulatory and Internal Investigations |
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SEC Enforcement Proceedings |
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Shareholder Litigation |
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Complex Commercial Litigation |
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| Profile |
Susan S. Muck is a partner in the Litigation Group. Ms. Muck's practice focuses on internal corporate investigations, SEC regulatory proceedings, shareholder litigation and other complex commercial disputes. As a regular advisor to officers and directors on Foreign Corrupt Practice Act, corporate governance and disclosure issues, she has extensive experience handling matters that require concurrent representation in civil, regulatory and white collar arenas. In the past few years, she handled FCPA investigations and related shareholder actions for General Electric-InVision and Sunrise Telecom. She also led over a dozen stock option timing investigations and the subsequent defense of concurrent regulatory and shareholder litigation. In addition, she has represented life science and pharma companies in disclosure related-investigations and shareholder actions.
Ms. Muck was named by The Best Lawyers in America as one of the Best Lawyers in Commercial Litigation in 2008 and 2009, and as one of the top 75 Women Litigators in California by the Daily Journal for the past three years. She is a member of Fenwick’s Executive Committee.
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| Education |
University of Virginia School of Law, J.D., Executive Editor of the Virginia Journal of International Law, 1986 University of Maryland at College Park, B.A., with honors, Phi Beta Kappa, 1982
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| Admitted to Practice |
She is a member of the State Bar of California. |
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| Additional Information |
Notable Engagements
Investigated stock option timing matters for Equinix, Extreme Networks, MIPS, Sunrise Telecom, Zoran, and many other public companies, concluding all regulatory inquiries with no enforcement action
Resolved FCPA investigations and obtained dismissals of securities litigation arising from the acquisition of InVision by General Electric
Successfully defended life sciences company Connetics in an SEC investigation involving accounting, insider trading and disclosure issues and obtained dismissals of related shareholder litigation
Successfully defended a Southern California medical device company in connection with an SEC and DOJ investigation alleging massive accounting and fraud violations and related shareholder litigation
Successfully defended a Southwestern medical device and rehabilitation company in connection with an SEC and OIG investigation alleging accounting and disclosure fraud
Investigated and resolved alleged FCPA and business practice violations in China, Taiwan and Singapore for three US banks and several private companies
Represented the Special Litigation Committee of California Micro Devices’ Board of Directors in a derivative suit resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003)
Represented RS Investments in connection with SEC and Attorney General investigations involving alleged mutual fund market timing
Successfully defended Morgan Stanley Dean Witter in trial against the SEC challenging the scope of supervisory requirements and procedures
Ms. Muck is a member of the State Bar of California. Prior to joining Fenwick & West, she was a partner with Clifford Chance, Brobeck, Phleger & Harrison and Shearman & Sterling. She serves on the Board of Directors of breastcancer.org. |
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| Representative Clients |
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Connetics Corporation |
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Electronic Arts Inc. |
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Equinix, Inc. |
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F5 Networks, Inc. |
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GE-InVision Technologies, Inc. |
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Immersion Corporation |
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Intuit Inc. |
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Morgan Stanley & Co. |
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RS Investment Management, Inc. |
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ShoreTel, Inc. |
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Sunglass Hut International, Inc. |
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Valin Corporation |
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Zoran Corporation |
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