Weil represented the Company and its directors in shareholder class and derivative litigation arising out of disclosures concerning Aéropostale’s inventory and sales levels, and earnings projections.
Weil represents directors of Francesca’s Holdings in shareholder class action arising out of disclosures concerning future sales projections.
Weil represented lululemon in a shareholder class action arising out of disclosures relating to product issues affecting lululemon’s popular yoga pants. We also represented the Company in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment. We obtained the dismissal of all claims in each case.
Weil represented directors and officers of Ralph Lauren in a shareholder derivative action in New York State Court alleging breaches of fiduciary duty in connection with executive compensation.
Weil represented the Special Committee of the Board of Directors in conducting an independent investigation of whistleblower allegations regarding a relationship between the CEO and another employee.
Weil represents Sterling Jewelers in two major gender discrimination matters. In Jock v. Sterling, a putative class of female Sterling sales employees have claimed sex discrimination in pay and promotions under the Equal Pay Act, Title VII, and the Age Discrimination in Employment Act. The case is being litigated before an arbitrator following extensive litigation up to the U.S. Supreme Court, which denied certiorari on the issue of whether class actions can be compelled to arbitration where the arbitration clause is silent on this point. Weil also represents Sterling in a separate matter commenced by the EEOC that alleges many of the same allegations as Jock. In that matter, we received a favorable summary judgment motion dismissing the case in its entirety.
Weil represented Steve Madden in a consolidated securities class action and a derivative suit arising out of the Company’s alleged participation in a stock manipulation scheme.
Weil represented The Children’s Place and one of its executive officers in a consolidated putative federal class action alleging violations of the securities laws in connection with the Company’s corporate governance, stock option granting practices, and business relationship with The Walt Disney Company.
Weil successfully represented Tuesday Morning, Inc. (TMI), a leading national retailer, as replacement counsel in a California state court wage and hour class action following a series of adverse rulings. The certified class included current and former employees of all 87 of TMI’s California-based stores. Following our retention as counsel, we negotiated an extremely favorable resolution for TMI.