After Kent Roberts was cleared of criminal charges and civil backdating charges last year, the former McAfee, Inc., general counsel sued his ex-employer, accusing its executives and outside counsel of throwing him under the bus and ruining his good name. Roberts alleged that in response to a government investigation of McAfee’s options practices, the company hired Howrey to conduct an internal probe that was designed to scapegoat Roberts and protect other McAfee executives. The ex–GC claimed malicious prosecution, defamation, and invasion of privacy.

Last fall McAfee, represented by Orrick, Herrington & Sutcliffe, argued that Roberts’s suit should be dismissed under California state law. But in a March 8 decision, San Francisco federal district court judge Phyllis Hamilton allowed the case to move forward, finding that there was a factual dispute on Roberts’s malicious prosecution claims. She did grant Mc-Afee’s motion to dismiss the defamation and privacy claims, finding that they were time-barred.

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