Mercury Interactive Llc

As of November 2, 2006, Mercury Interactive Corp. Was acquired by HP Inc. Mercury Interactive Corp. Was acquired by Hewlett-Packard Company. The company provides business technology optimization. Event On 12 May 2003, Mercury Interactive announced it had bought Performant, a privately held company from Seattle that produces diagnostic tools for Java 2 Platform, Enterprise Edition (J2EE) applications. Integrating interactive tactics. From website design and improved functionality to online branding and social media, interactive technology is constantly evolving. Mercury understands online user behavior and implements intuitive applications to reinforce customer relationships, increase page views, and establish repeat visits.

• Mercury Interactive Qtp

From Wikipedia, the free encyclopedia

Mercury (formerly Mercury Interactive Corporation) is now part of Hewlett-Packard. The combination of Mercury Interactive and HP OpenView formed HP Software & Solutions, a global business unit within HP Enterprise Business. Mercury offered software for application management, application delivery, change and configuration management, service-oriented architecture, change request, quality assurance, and IT governance.^[1]

In 1989, Amnon Landan and Arye Finegold founded Mercury Interactive Corporation.^[2] The company was based in California and had offices located around the world. It also had a large R&D facility in Yehud, Israel.^[3]

The Mercury Interactive legacy products are now integrated and sold as part of the HP IT Management Software, also known as BTO (Business Technology Optimization), portfolio from HP's software division.^[4]

Acquisitions

From 2000 until its HP acquisition in 2006, Mercury purchased a total of six software companies.

Conduct Software Technologies, Inc. was a privately-held software company founded in 1996 by Sharon Azulai, David Barzilai, and Ran Levi. The company provided network topology visualization products, to pinpoint bottlenecks and isolate the location of network problems both across the network and across the system infrastructure. Its main product was SiteRunner, later called Prism, used for monitoring web server traffic.^[5] The product is now called RUM (HP Real User Monitor) software and is part of the HP Business Availability Center.

Freshwater Software was a software vendor of a web server monitoring and administration tool called SiteScope.^[6] Mercury Interactive acquired Freshwater Software in 2001.^[7] The product is now called HP SiteScope software.

Performant Inc. was a software vendor of J2EE diagnostic tools. Mercury Interactive acquired Performant in 2003 for $22.5M.^[8]

Kintana Inc.Free for all tournament game. was a software vendor of IT governance products. Mercury Interactive acquired Kintana in June 2003 for $225M.^[9] Kintana products are now called HP Project and Portfolio Management software.

Appilog was a software vendor of auto-discovery and application mapping software. Appilog products mapped the relationships among applications and their underlying infrastructure.^[10] Mercury Interactive acquired Appilog for $49M in 2004.^[11] Appilog products are now part of HP Universal CMDB software, an HP Business Service Management offering.

Systinet (formerly named IdooX) was a software vendor of registry and enablement products for standard service-oriented architecture (SOA). Mercury Interactive acquired Systinet in 2006 for $105M.^[12] Systinet products are now called HP SOA Systinet software.

Hewlett-Packard

On 25 July 2006, Hewlett-Packard announced that it would pay approximately $4.5 billion to acquire Mercury Interactive, offering to pay $52 a share.^[13]

On 7 November 2006, Mercury Interactive formally became part of HP.^[14] The Mercury Interactive products are now sold by HP Software & Solutions.^[15]

Corporate malfeasance

From 4 January 2006 until its acquisition by Hewlett-Packard, Mercury Interactive was traded via the Pink Sheets as a result of being delisted from the NASDAQ due to noncompliance with filing requirements.^[16] On 3 January 2006, Mercury missed a second deadline for restating its financials, leading to the delisting.

Chief Executive Officer Amnon Landan, Chief Financial Officer Douglas Smith, and General Counsel Susan Skaer resigned in November 2005 after a special committee at the company found that they benefited from a program to favorably price option grants. The committee found that, beginning in 1995, there were 49 instances in which the stated date of a stock option grant was different from the date on which the option appeared to have been granted. In almost every case, the price on the actual date was higher than the price on the stated grant date.^[17] A former Chief Financial Officer, Sharlene Abrams, later associated with the financial misreporting, had resigned previously in November 2001.^[18]

The Chief Executive Officer, Amnon Landan, also was found to have misreported personal stock option exercise dates to increase his profit on transactions three times between 1998 and 2001. In addition, a $1 million loan to Mr. Landan in 1999--which was repaid--did not appear to have been approved in advance by the Board of Directors and was referred to in some of the company's public filings with the Securities and Exchange Commission, but was not clearly disclosed.^[19] In 2007, the SEC filed civil fraud charges against Landan, Smith, Skaer and Abrams. Without admitting or denying the SEC's allegations, Mercury Interactive agreed to pay a $28 million civil penalty to settle the Commission's charges in 2007.^[20]

The SEC settled charges against Sharlene Abrams in March 2009. Abrams agreed to pay $2,287,914 in disgorgement, of which $1,498,822 represented the 'in-the-money' benefit from her exercise of backdated option grants, and a $425,000 civil penalty.^[21] In September 2009, a federal judge dismissed all charges brought by the SEC against Susan Skaer, who now goes by the name Susan Skaer Tanner.^[22]

Products

• HP LoadRunner software: Integrated software performance testing tools
• HP QuickTest Professional software: Automated software testing
• HP Quality Center software (formerly HP TestDirector for Quality Center software): Quality management software for applications
• HP SiteScope software: Agentless monitoring software
• HP Universal CMDB software: Configuration management database
• HP Project and Portfolio Management software Project Management module: zero-client software for scheduling and managing software
• HP Business Process Testing software: Automated and manual testing software for test design, test creation, test maintenance, test execution, and test data management
• HP Diagnostics software: Diagnostic software for applications
• HP Discovery and Dependency Mapping software: Automated application and IT infrastructure mapping software
• HP Functional Testing software: Automated functional and regression testing software
• HP Real User Monitor software: Software that provides real-time visibility into application performance and availability from the user perspective
• HP Performance Center: Application performance testing management solutions
• HP Business Availability Center: Business service management solutions
• HP Business Technology Optimization is a new tool built to aid the business philosophy of managing IT resources as a business rather than as a service bureau.

Competitors

Mercury Interactive Qtp

Quality Assurance

• Borland (acquired Segue - SilkTest, SilkPerformer)
• IBM (acquired Rational)

IT Governance / ITIL / ITSM

• CA (acquired Niku)
• Compuware (acquired ChangePoint)
• IBM (Tivoli)

Monitoring and Diagnostics

• CA (acquired Wily Technology)

References

1. ^CBR Online: Mercury Interactive Corporation profile
2. ^'Mercury Interactive.'
3. ^“Mercury in Israel.” ]
4. ^“Looking for Mercury Interactive?” HP web page. Retrieved 2010-02-15.
5. ^Israel Venture Capital Research Center. “Next best to a sure thing.” Retrieved 2010-02-25.
6. ^Business Wire. “Freshwater Software delivers a splash of Java with SiteScope 2.0; New Web monitoring and administration tools simplify and automate the management of complex Web environments.” Retrieved 2010-02-22.
7. ^M2 Presswire. “Mercury Interactive acquires Freshwater Software to solidify application performance management leadership.”
8. ^Mary Hayes Weier. InformationWeek. “Mercury Buys Kintana: Start Of A Spending Spree?” Retrieved 2010-02-24.
9. ^Mary Hayes Weier. InformationWeek. “Mercury Buys Kintana: Start Of A Spending Spree?”
10. ^Business Wire. “Appilog to Be Acquired by Mercury.” Retrieved 2010-02-26.
11. ^Charles Babcock. InformationWeek. “Mercury Buys Appilog.”
12. ^Paul Krill. InfoWorld. “Mercury buys Systinet in SOA governance play.” Retrieved 2010-0226.
13. ^HP to Acquire Mercury Interactive Corp.” news release.
14. ^“HP Closes Landmark Mercury Acquisition” news release.
15. ^“Looking for Mercury Interactive?” HP web page.
16. ^Seeking Alpha. “Mercury and Comverse: Strategic Fall to The Pink Sheets (MERQ, CMVT).”
17. ^TheStreet.com. “Mercury Interactive CEO, CFO Resign.” Retrieved 2010-02-25.
18. ^U.S. Securities and Exchange Commission. “Defendant Sharlene Abram’s Objections to Lead Plaintiff’s Request for Judicial Notice in Opposition to Defendants’ Motion to Dismiss the Consolidated Complaints’ Class Action Suit.”
19. ^PR Newswire. “Mercury Board of Directors Names Anthony Zingale Chief Executive Officer.”
20. ^Securities and Exchange Commission. “SEC Settles With Mercury Interactive and Sues Former Mercury Officers for Stock Option Backdating and Other Fraudulent Conduct.” Retrieved 2010-02-25.
21. ^U.S. Securities and Exchange Commission. “Sharlene Abrams, Former Chief Financial Officer of Mercury Interactive, LLC, to be Permanently Enjoined and to Pay Civil Penalties and Disgorgement for Stock Option Backdating and Other Fraudulent Conduct; Abrams Also to be Barred from Serving as an Officer and Director of a Public Company.”
22. ^Amy Miller. Texas Lawyer. “Ex-GC Alleges McAfee Used Him as 'Shield' to Protect Its CEO, Directors.” Retrieved 2010-02-25.

Bibliography

• ^'TheStreet.Com'. http://www.thestreet.com/tech/software/10259746.html. Retrieved 2006-01-03.

External links

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 22623 / February 21, 2013

Securities and Exchange Commission v. Mercury Interactive, LLC (f/k/a Mercury Interactive Corporation), Amnon Landan, Sharlene Abrams, Douglas Smith, and Susan Skaer, Civil Action No. 07-2822 (WHA) (N.D. Cal., filed May 31, 2007)

FORMER MERCURY INTERACTIVE CEO/CHAIRMAN AND CFO SETTLE SUIT ALLEGING STOCK OPTIONS BACKDATING AND OTHER MISCONDUCT

Executives to be Permanently Enjoined, to Pay Civil Penalties and Disgorgement, and to Reimburse Company Pursuant to Section 304 of Sarbanes-Oxley; Former CEO/Chairman also to be Barred for Five Years from Serving as an Officer and Director of any Public Company

The Securities and Exchange Commission today settled civil fraud charges against Amnon Landan, the former Chairman and Chief Executive Officer of Mercury Interactive, LLC (Mercury), and Douglas Smith, a former Chief Financial Officer of Mercury, arising from an alleged scheme to backdate stock option grants and from other alleged misconduct.

On May 31, 2007, the Commission charged Landan, Smith, and two other former senior Mercury officers with perpetrating a fraudulent and deceptive scheme from 1997 to 2005 to award themselves and other Mercury employees undisclosed, secret compensation by backdating stock option grants and failing to record hundreds of millions of dollars of compensation expense. The Commission's complaint also alleges that during this period Landan and certain other executives backdated stock option exercises and made fraudulent disclosures concerning Mercury's 'backlog' of sales revenues to manage its reported earnings.

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Without admitting or denying the allegations in the Commission's complaint, Landan consented to the entry of a final judgment permanently enjoining him from violating and/or aiding and abetting violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, as well as the financial reporting, record-keeping, internal controls, false statements to auditors, and proxy provisions of the federal securities laws. Landan also agreed to be barred from serving as an officer or director of any public company for five years. Landan will pay $1,252,822 in disgorgement and prejudgment interest, representing the 'in-the-money' benefit from his exercise of backdated option grants, and a $1,000,000 civil penalty. Pursuant to Section 304 of the Sarbanes-Oxley Act, Landan will also reimburse Mercury, or the parent company that acquired it after the alleged misconduct (Hewlett-Packard Company), $5,064,678 for cash bonuses and profits from the sale of Mercury stock that he received in 2003. Under the terms of the settlement, Landan's Section 304 reimbursement shall be deemed partially satisfied by his prior return to Mercury of $2,817,500 in vested options.

Without admitting or denying the allegations in the Commission's complaint, Smith consented to the entry of a final judgment permanently enjoining him from violating Section 17(a)(2) and (a)(3) of the Securities Act of 1933. He will disgorge $451,200, representing the 'in-the-money' benefit from his exercise of backdated option grants, and pay a $100,000 civil penalty. Pursuant to Section 304 of the Sarbanes-Oxley Act, Smith will also reimburse Mercury or its parent company $2,814,687 for profits received from the sale of Mercury stock in 2003 and a cash bonus received for 2003. Under the terms of the settlement, all of Smith's disgorgement and all but $250,000 of his Section 304 reimbursement shall be deemed satisfied by his prior repayment to Mercury of $451,200 and his foregoing of his right to exercise vested options with a value of $2,113,487.

The settlements are subject to the approval of the United States District Court for the Northern District of California.

The Commission previously filed settled charges in this matter against Mercury and three former outside directors of Mercury. On May 31, 2007, the Commission filed civil fraud charges against Mercury based on the stock option backdating scheme and other fraudulent conduct noted above. Mercury, which was acquired by Hewlett-Packard Company on Nov. 8, 2006, after the alleged misconduct, settled the matter by agreeing to pay a $28 million penalty and to be permanently enjoined. See Litigation Release No. 20136 (May 31, 2007). On September 17, 2008, the Commission filed settled charges against three former outside directors of Mercury alleging that they recklessly approved backdated stock option grants and reviewed and signed public filings that contained materially false and misleading disclosures about the company's stock option grants and company expenses. The outside directors settled the matter by consenting to permanent injunctions and the payment by each director of a $100,000 penalty. See Litigation Release No. 20724 (Sept. 17, 2008). Mercury and the outside directors settled the charges without admitting or denying the allegations in the Commission's complaint. The Commission also previously settled with one of the four senior officers in its contested action. On March 20, 2009, the Commission settled with former Mercury CFO Sharlene Abrams by which she agreed to entry of a permanent injunction against the antifraud and certain other securities law provisions, to pay $2,287,914 in disgorgement which was deemed partially satisfied by payment to Mercury, to pay a $425,000 civil penalty, to be permanently barred from serving as an officer and director of any public company, and to a Commission order barring her from appearing or practicing before the Commission as an accountant. See Litigation Release No. 20964 (March 20, 2009). Abrams settled without admitting or denying the allegations in the Commission's complaint.

The Commission's litigation against one remaining Mercury officer, former general counsel Susan Skaer, is continuing.

http://www.sec.gov/litigation/litreleases/2013/lr22623.htm