Quality Systems Prevails in Proxy Contest
Davis Polk & Wardwell advised a special committee of the board of directors of Quality Systems, Inc. in connection with a proxy contest launched by a dissident shareholder, Ahmed Hussein. Based on a preliminary tally from the company’s annual meeting of shareholders on September 4, 2008, stockholders overwhelmingly supported the company’s director nominees by electing seven out of eight members of the management slate to the nine-member board. Quality Systems’ charter provides for cumulative voting, which facilitated the election of Mr. Hussein and one other candidate from his six-person slate to the Board, based primarily on Mr. Hussein’s 16.8% ownership of the company. The company’s estimates also show that the proposal put forth by Mr. Hussein to amend Quality Systems’ definition of “independent director” in its bylaws was rejected by stockholders.
Irvine, California-based Quality Systems, and its NextGen Healthcare Information Systems subsidiary, develop and market computer-based practice management, patient records and connectivity and other applications and services for medical and dental group practices.
The Davis Polk corporate team includes partners Julia K. Cowles and William M. Kelly and associates Sarvenaz Madi and Caroline J. Perry, all of the Menlo Park office.