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"We expect regulators will thus likely conduct a rigorous antitrust analysis given the combined company would control over 50% market share in Nevada." Under the agreement, Sierra will pay United Health a breakup fee of about million if the deal does not go through for certain reasons, such as Sierra's board changing its recommendation of the merger."The proposed acquisition is surprising to us given that United Health has had difficulties with the integrations of recent large scale acquisitions although Sierra's single-market operation should lower merger integration risk somewhat," Goldman Sachs analyst Matthew Borsch, told clients.

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Meanwhile, prosecutors have at least one more kick at the options backdating can: a criminal case against the former CEO of KB Homes (KBH) gets underway in a federal court in Los Angeles later this month.

Get ready to see white collars loosen wide if this case fizzles as well.

--An earlier version of this story said Nicholas has admitted to having a substance abuse problem in the past.

It should have said instead that the judge accused Nicholas of such.

(Though Judge Carney told Nicholas that it seemed he had a "serious drug problem" in the past, Nicholas' lawyers said the criminal allegations were false and the lair was much more innocent than portrayed.) In general, Nicholas' position had been that the more salacious charges against him relied heavily on discredited witnesses who had tried to extort him.