This is different from efforts the Security and Exchange Commission (SEC) has made against a number of high-tech companies, including Apple Computer Inc., Comverse Technology Inc., Foundry Networks, Intuit Inc., McAfee Inc., Progress Software Corp. and Quest Software Inc. in the area of backdating stock options, which led to a number of high-profile . The NetApp case involves a shareholder lawsuit, most likely filed by a law firm on behalf of a shareholder company, according to a spokeswoman from the Sunnyvale, Calif., company. NetApp has not received any notifications from the SEC, she said.

NetApp would not release the name of the party nor the amount, and said it believed the suit was without merit. The company said it had reviewed its stock options granting practices more than a year ago with an outside firm and had determined that no improprieties had taken place.