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Legal sources told The Times that Mr Pomerantz had been approached by Mr Jobs and that the pair had discussed the allegations of impropriety surrounding stock option grants at Apple. It was understood that Mr Pomerantz agreed to represent Mr Jobs if he was needed.
The involvement of Mr Pomerantz comes as the scandal surrounding stock option backdating at Apple continues to widen.
It has been speculated that records of a board meeting called to approve the awarding of 7.5 million stock options to Mr Jobs in 2001 were falsified.
Mr Jobs has denied any knowledge of, or benefit from, the backdating of stock options grants since the company began earlier this year to investigate improprieties in the way executive pay and bonuses were awarded. The Securities and Exchange Commission, the market watchdog, and the Justice Department are examining documents pertaining to the allegations.
Apple declined to comment about the case, but the company is expected to make a formal filing with the SEC related to its findings later today.
Mr Pomerantz has represented some of the most high-profile white-collar defendants of the past five years, with varying degrees of success.
He was hired by Sam Waksal, the former chief executive of ImClone Systems, the cancer drug maker that became embroiled in an insider trading case. The ImClone case made global headlines when Martha Stewart, a shareholder and close friend of Mr Waksal, was accused of and later jailed for obstruction of justice during the FBI’s investigation of suspicious stock trades.
Mr Pomerantz and Mr Waksal lost that case, however, with the latter now serving a seven-year jail sentence after pleading guilty to insider trading.
The former government prosecutor had greater success running an appeal on behalf of Frank Quattrone, the former Credit Suisse technology banker, who was acquitted of obstruction of justice charges.
This year Mr Pomerantz has represented three board members from Mercury Interactive who were involved in an investigation into stock option grants at the software company.
Hiring Mr Pomerantz, who could not be reached for comment, would be a significant move by Mr Jobs, who has so far managed to distance himself from allegations of stock option backdating that have overwhelmed the high tech sector.
Apple has said that certain stock options grants were backdated but Mr Jobs did not benefit from them. Two employees left the company after an internal review of executive compensation. Mr Jobs was understood to have returned all the stock options he was granted during the period under investigation.
Cases for the defence
The successes and failures of Mark Pomerantz
Sam Waksal insider trading; seven years and a $4.3 million fine
Frank Quattrone obstruction of justice; acquitted on appeal
Robert Torricelli US Senator accused of corruption; charges dropped
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