cmcintyre@be-law.com
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Admitted to bar: 1992, California; United States District Court, Northern, Central, Eastern, and Southern Districts of California; United States Court of Appeal, Ninth Circuit; United States Supreme Court.

Education: University of Notre Dame Law School (J.D., 1991). Staff Member, 1989-1990, and Assistant Lead Articles Editor, 1990-1991, Journal of College and University Law; Vassar College (B.A., cum laude, 1988); Wellesley College (select exchange student, 1986-1987).

Publications: Author: "Motions To Stay: Fifth Amendment Rights v. Civil Discovery," Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 15, No. 1, Fall 2005. Co-Author: "Parate v. Isidor: Resolving the Conflict Between the Academic Freedom of the University and the Academic Freedom of the Professor," Journal of College and University Law, 1990.

Honors: Ms. McIntyre is a recipient of the prestigious 2006 Burton Awards for Legal Achievement. She was recognized for her article, "Motions to Stay: Fifth Amendment Rights v. Civil Discovery." The awards honor 30 of the nation's best legal writers who use plain, clear, and concise language.

Ms. McIntyre has been named to the 2005, 2006, 2008, 2009 and 2010 “Northern California Super Lawyers®” list compiled by Law & Politics, which consists of the top five percent of attorneys in Northern California based on peer nomination and research. She also has been nominated for inclusion in the 10th Anniversary Edition of the International Who’s Who of Professional & Business Women.

Ms. McIntyre has been named a Fellow in the Litigation Counsel of America Trial Lawyer Honor Society. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

Member: State Bar of California, Santa Clara County Bar Association, Association of Business Trial Lawyers, William A. Ingram Inn of Court (past Pupillage Group Leader and Programming Chair; current Treasurer), the American Bar Association, and National Association of Professional Business Women.

Ms. McIntyre has served as a faculty member for the National Institute for Trial Advocacy’s deposition program on multiple occasions. She also has served as a featured speaker on discovery issues.

Ms. McIntyre is also a Board Member with the San Jose Wind Symphony where she plays the French horn.

Experience: Ms. McIntyre's area of practice is business litigation, with an emphasis in securities litigation. She has litigated various types of securities cases filed in state and federal courts, including defense of directors, officers, and companies in derivative, individual, and class actions. In addition, she has conducted internal investigations on behalf of audit committees and special litigation committees for public and privately held companies. Ms. McIntyre also has handled a variety of business litigation matters in state and federal courts including cases involving business torts, contracts, misappropriation of trade secrets, fraud, unfair business practices, intellectual property, wrongful termination and employment discrimination, insurance coverage, and other complex litigation. Ms. McIntyre also has appellate experience and civil trial and arbitration experience.

Ms. McIntyre’s reported cases include: Bucephalus Alternative Energy Group, LLC  v. KCR Development, 2009 WL 5179091 (S.D.N.Y. Dec. 23, 2009); Scognamillo, et al. v. Credit Suisse First Boston LLC, et al., Case No. C03-02061 (TEH), 2005 WL 2045807 (N.D. Cal. Aug. 25, 2005); Schuster v. Gardner, et al., 127 Cal. App. 4th 305 (2005); Friese v. The Superior Court of San Diego County, No. D046348, 2005 WL 3249442 (December 2, 2005); Seidler v. The Municipal Court for the Beverly Hills Judicial District of Los Angeles, 12 Cal. App. 4th 1229 (1993).

Ms. McIntyre’s representative litigation include:

Baker v. Arkansas Blue Cross and Blue Shield, et al., No. CV 08-3974 SBA, United States District Court for the Northern District of California, Oakland Division.
The firm represents four entities in an action alleging breach of fiduciary duty, minority shareholder oppression and violation of California’s Unfair Competition Law.  The Court granted the firm’s motion to dismiss on behalf of its clients on the grounds that Plaintiffs lacked standing to bring direct claims. 

Baker v. Arkansas Blue Cross and Blue Shield, et al., No. 09-495457, San Francisco County Superior Court.
The firm represents four entities in an action alleging derivative claims for breach of fiduciary duties, minority shareholder oppression, and violation of California Business and Profession Code §17200, and a direct claim for breach of fiduciary duties.

Bucephalus Alternative Energy Group, LLC  v. KCR Development, No. 08 Civ. 7343, United States District Court for the Southern District of New York
The firm represented defendants in an action regarding a proposed investment in a company.  The Court granted the firm’s motion to dismiss on behalf of defendants finding there was no personal jurisdiction.  

Chan v. Bucephalus Alternative Energy Group, LLC, et al., Case No.: 1-08-CV-119974, Santa Clara County Superior Court
The firm represents plaintiff in an action alleging breach of oral contract, promissory estoppel, fraud, negligent misrepresentation, and conversion relating to a proposed investment.

Talieh v. Harrus, et al., No. 1-09-CV-153179, Santa Clara County Superior Court.
The firm represents the nominal defendant company in a shareholder derivative action alleging breach of fiduciary duty.

In re Marvell Technology Group, Ltd. Derivative Litigation, No. C-06-03894 RMW, United States District Court, Northern District of California In re Marvell Technology Group, Ltd. Securities Litigation (Class Action),
No. C-06-0626 RMW, United States District Court, Northern District of California
The firm represented the former Chief Financial Officer of Marvell in shareholder suits concerning stock option practices.

In re Trident Microsystems, Inc. Derivative Litigation, No. C-06-03440, United States District Court, Northern District of California
Limke v. Lin, et al., No. 1-CV-07-080390, Santa Clara County Superior Court
The firm represents an officer and former director of Trident Microsystems, Inc. in derivative shareholder suits concerning stock option practices.

Kohli v. Neocarta Ventures, L.P., No. 107CV092847, Santa Clara County Superior Court.
The firm represented seven venture funds in a lawsuit alleging causes of action for breach of fiduciary duty, fraud, and negligent misrepresentation.

In re MIPS Technologies, Inc. Derivative Litigation, No. C 06-06699 RMW, United States District Court, Northern District of California.
The firm represented the former Vice President of Human Resources in a derivative shareholder suit concerning stock option practices.

In re Peregrine Systems, Inc. Securities Litigation, United States District Court for the Southern District of California, Case No. 02-CV-0870 BEN (RBB).
The firm represented the former CEO of Peregrine Systems, Inc. in a shareholder class action in federal district court and related securities actions in state court.

Glidden, et al. v. SkillSoft PLC (fka SmartForce PLC), et al., Case No. C-04-4913-CRB, United States District Court for the Northern District of California.
The firm represented SkillSoft PLC (fka SmartForce PLC) and two of its officers in an action arising out of the merger of IC Global Corporation with SmartForce PLC. Plaintiffs alleged fraud and negligent misrepresentation claims.

Scognamillo, et al. v. Credit Suisse First Boston LLC, et al., Case No. C03-02061 (TEH), 2005 WL645466 (N.D. Cal. Aug. 25, 2005).
This case involves allegations of stock price manipulation by investment bankers in connection with an Initial Public Offering. The firm represented the former Chief Financial Officer of Netcentives, Inc. whose stock was alleged to have been manipulated. The District Court granted the motion to dismiss filed by Bergeson, LLP, dismissing the action with prejudice against the former CFO of Netcentives. The Ninth Circuit Court of Appeal affirmed the Order of the District Court.

Santoro v. Juniper Networks, Inc., et al., Santa Clara County Superior Court Case No. CV 808805.
The firm represented founders of a company acquired by Juniper Networks, Inc. in a lawsuit against Juniper and eleven individual defendants alleging securities, intellectual property, fraud, employment, and contract claims.

Mudgett v. Chemoil Corp., et al., San Francisco County Superior Court Case No. 321977. The Court granted Defendants' motion for summary judgment. The firm represented four companies and three individual directors in a case alleging promissory fraud, breach of fiduciary duty regarding sale of company assets, and rescission. The Court of Appeal for the State of California, First Appellate District, affirmed the trial court's order.

S&A Biotech Investments, LLC v. Thomas Baruch, et al., Case No. CV797835, Santa Clara County Superior Court.
In this derivative action, the firm represented four of the individual defendant directors of nominal defendant Rodenstock North America, Inc. ("RNA"). Plaintiff alleged that the individual defendant directors of RNA breached fiduciary duties to RNA and its shareholders by voting in favor of a settlement between RNA and ACLARA Biosciences, Inc. ("ACLARA") relating to the re-sale of ACLARA shares to ACLARA. Plaintiff dismissed the action against the individual defendant directors without any payment to Plaintiff.

In re InaCom Corporation Securities Litigation, Master File No. 00-701 (JJF), United States District Court for the District of Delaware.
The firm represented the former Chairman of the Board of InaCom in this securities class action filed in the United States District Court for the District of Delaware. Plaintiffs alleged violations of Sections 11, 12(a)(2), and 15 of the Securities Act, and Sections 10(b), 20(a) and 14(a) of the Exchange Act, and Section 10(b) of the Exchange Act. The gravamen of the Consolidated Amended Complaint was that defendants concealed from the investing public that InaCom was experiencing financial and operating difficulties which were adversely impacting InaCom's revenue and profits, as well as its relationships with clients and customers.

Ms. McIntyre’s representative investigation experience includes:

• Represented seven current and former employees of a publicly-traded company in an SEC investigation of earnings management at the company. 
• Audit Committee investigation for publicly traded company regarding stock option granting practices.
• Audit Committee investigation regarding revenue recognition/government contract billing practices.
• Special Litigation Committee investigation regarding stockholder derivative claims regarding venture financing.
• Audit Committee investigation for publicly traded company regarding revenue recognition and stock option granting practices.
• Audit Committee investigation for publicly traded company regarding allegations by founder/director regarding management.
• Audit Committee investigation regarding allegations by an employee regarding attempts by certain members of senior management to manage financial results.