United States First Circuit

Summary judgment for corporation on its counterclaim demanding repayment of indemnification provided to a former officer during an insider trading suit against the officer is affirmed where the negotiated interpretation of the indemnification agreement was not obtained through duress, and there was not an issue of material fact concerning whether the officer had acted in good faith.

Appellate Information

• Decided 10/20/2006
• Published 10/23/2006

Judges

• CAMPBELL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Peter M. Casey with whom Stephen C. Warneck, Foley Hoag LLP, Gary C. Crossen and Rubin & Rudman LLP were on brief for appellant, cross-appellee., Thomas Karr, Special Trial Counsel, Securities and Exchange Commission, with whom Eric Summergrad, Deputy Solicitor, Giovanni P. Prezioso, General Counsel, Melinda Hardy, Assistant General Counsel, and Laura Walker, Senior Counsel, were on brief for appellee, cross-appellant.