Sean T. Prosser is a partner in the Litigation Department of Morrison & Foerster’s San Diego office, and a member of the firm’s Securities Litigation, Enforcement and White Collar practice group. His practice focuses on all aspects of securities litigation. Mr. Prosser, a former enforcement attorney with the U.S. Securities and Exchange Commission (SEC), defends companies and their officers and directors, as well as public accounting firms, in shareholder class action, derivative and corporate control lawsuits, and in enforcement investigations and proceedings by the SEC, National Association of Securities Dealers (NASD), stock exchanges, California Department of Corporations, and other regulatory agencies. Mr. Prosser also represents companies, including their audit committees, in connection with internal investigations.

During his career, Mr. Prosser has defended numerous additional public companies in federal securities class action and state derivative lawsuits, including AML Communications, Ascend Communications, Comps.com, Digital Lightwave, dj Orthopedic, Dura Pharmaceuticals, EEX Corp., Gemstar-TV Guide International, Incomnet, Kintera, Inc., Ligand Pharmaceuticals, Multi-Fineline Electronix, Inc., Netlist, Inc., PurchasePro.com, Schlotzsky's, and Wireless Facilities, Inc.

Mr. Prosser is a member of the Board of Editors for the Corporate Counselor and a member of the Association for Securities and Exchange Commission Alumni (ASECA). He is also a member of the California Bar Association, and the San Diego Bar Association.

• Representation of Netlist, Inc. and its officers and directors in connection with shareholder litigation.
• Representation of public company in connection with stock option internal investigation and related shareholder litigation and SEC inquiry.
• Representation of Special Committee of public company’s Board of Directors in connection with internal investigation and SEC inquiry regarding stock option issues.
• Representation of former controller of public company in connection with shareholder litigation and SEC and Department of Justice (DOJ) investigations regarding stock options.
• Representation of public company in connection with shareholder claims arising from Peregrine Systems securities fraud allegations.
• 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 Inamed Corporation in formal SEC investigation, which was closed with no enforcement action.
• 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 San Diego City Councilmember and former Acting Mayor in SEC investigation related to municipal bond offering disclosures.
• Representation Goya Foods, Inc. in connection with corporate control litigation in Delaware Chancery Court. Obtained verdict in client’s favor.
• Representation of several public companies in connection with NASDAQ delisting proceedings.
• Representation public accounting firm and its professionals in multiple SEC investigations.