BIOGRAPHY OF GUEST SPEAKER, KIMBERLY GREER

Kim Greer is Of Counsel in the Litigation Department of Morrison

& Foerster’s San Diego office.  Her practice focuses on business and complex litigation, with an emphasis on securities litigation.  Prior to joining Morrison & Foerster LLP, Ms. Greer was a principal at Fish & Richardson P.C., where she was Assistant Managing Principal of the

San Diego Office and a member of the White-Collar, Government,

and Securities Litigation group.  Her experience includes defending companies and their officers and directors in shareholder class action, merger and derivative litigation in federal and state courts, as well

as in investigations, administrative proceedings, and lawsuits brought by the enforcement divisions of the SEC, the National Association of Securities Dealers (NASD), the stock exchanges, and other regulatory agencies.  Ms. Greer began her legal career as an associate at Brobeck, Phleger & Harrison LLP. 

Ms. Greer is author of the following publications:

• “SOX Section 304: First Decision to Directly Address the Right to Enforce,” The Corporate Compliance and Regulatory Newsletter (December 2005).
• “Ninth Circuit Rules on SEC – Court Broadly Defines SEC’s Power to Obtain Pre-Litigation Freeze of ‘Extraordinary Payments’ to Executives,” The Corporate Compliance & Regulatory Newsletter (May 2005).
• “PCAOB Proves It Has Teeth,” The Corporate Compliance & Regulatory Newsletter (December 2004).
• “Hostile Environment: A Growing Backlash Against Venture Capitalists by Entrepreneurs Underlines the Need for Both to Properly Protect Their Investments and Act in the Company’s Best Interests,” The Deal (September 27, 2004).

Ms. Greer’s representative matters include:

• Representation of public company in connection with stock option internal investigation and related shareholder litigation and SEC inquiry.
• Representation of Level 3 Communications/Insight Enterprises, Inc. subsidiary in connection with shareholder claims arising from Peregrine Systems securities fraud allegations.
• Representation of public company in connection with internal investigation relating to acquisition of assets of another company.
• Representation of two San Diego City Councilmembers in SEC investigation related to municipal bond offering disclosures.
• Representation of individual entrepreneur in California state court action for breach of contract and business torts.
• Representation of public company in connection with stock option internal investigation.
• Representation of The Sands Regent in connection with merger litigation pending in Nevada state court, following merger with Herbst Gaming.
• Representation of Infineon Technologies AG and its officers in federal securities class action pending in the Northern District of California.
• Representation of Kintera, Inc. and its directors and officers in shareholder derivative lawsuit in San Diego County Superior Court. Following successful demurrers on behalf of the company and the individuals, plaintiff dismissed the case.
• Representation of Calpine Corporation in federal securities class action pending in the Northern District of California.  
• Representation of Gemstar-TV Guide International, Inc. in connection with investigation by SEC’s Pacific Regional Office arising from $250 million accounting restatement, which was resolved without any fraud-based sanctions.
• Representation of public accounting firm and its professionals in multiple SEC investigations.
• Representation of multiple entities and individuals in connection with SEC insider trading investigations.
• Representation of Raceway Properties, LLC in Ninth Circuit appeal.
• Representation of DepoTech Corporation and its former officers and directors in federal securities class action pending in the Southern District of California.  Defendants’ motion to dismiss the second amended complaint was granted with prejudice, and the Ninth Circuit affirmed the District Court’s ruling.
• Representation of Brooktree Corporation and certain former officers and directors in federal securities class action, first in California state court, where it was dismissed at the pleadings stage upon defendants’ demurrer, and then in the Southern District of California, where it was dismissed with prejudice.
• Representation of Special Litigation Committee of U.S. Microbics Board of Directors in its investigation of a shareholder derivative litigation filed in California state court.
• Representation of Straumann Holding AG in patent infringement and trade dress actions.

Ms. Greer’s speaking engagements include:

• “Internal Investigations: What In-House Lawyers Ned to Know,” Association of Corporate Counsel America, San Diego Chapter, San Diego, CA. (November 3, 2005)
• “Litigating Securities Class Actions,” Bridgeport Continuing Education Seminar on Class Action Litigation, San Diego, CA (June 24, 2005).

Ms. Greer received her B.A. degree from the University of Michigan in 1993 where she graduated cum laude.  She then received her J.D. from the University of Michigan Law School in 1995.  Ms. Greer is a member of the California Bar Association and the San Diego County Bar Association, and is currently serving as the Co-Chair for the Carmel Valley Section of the San Diego County Bar Association.  Ms. Greer serves on the MiraCosta College Business Department Advisory Board and on the Board of Governors of University of Michigan Club of San Diego.  She is also a member of and active in ATHENA, the Corporate Directors Forum, and Lawyers Club, including serving on the Lawyers Club Golf Tournament Committee.

Ms. Greer is admitted to practice in California and before the U.S. District Courts for Central, Southern, and Eastern Districts of California, the District of Arizona, and the U.S. Courts of Appeal for the Ninth and Sixth Circuits. 

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