SAN FRANCISCO — A former Silicon Valley executive accused of accounting fraud and his lawyers at Keker & Van Nest have won a round in their battle with the Securities and Exchange Commission, landing sanctions against the commission for dragging its heels in discovery.
U.S. Magistrate Judge Nathanael Cousins ordered the SEC to pay $6,942.50 for expenses former Hansen Medical Inc. executive Timothy Murawski incurred in compelling the agency to respond to interrogatories. The SEC refused to share factual information provided by third-party witnesses, arguing that it could not turn over the material without revealing its attorneys’ thoughts on the matters. In an order issued Monday, Cousins found that the SEC’s objections to Murawski’s interrogatories were “not substantially justified” because the court had already overruled similar protests.
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