FacultyFaculty/Author Profile

Shirli Fabbri Weiss

DLA Piper LLP (US)

San Diego, CA, USA


Shirli Fabbri Weiss concentrates in civil trial practice in federal and state courts. Her practice emphasizes representing companies and directors and officers in securities litigation including government proceeding, and representing companies in class action consumer litigation and product liability actions; she also advises special committees of boards of directors with respect to internal investigations and counsels companies on a variety of litigation avoidance issues such as insider trading legal compliance policies and insurance.
The respected English publisher Chambers & Partners recognized her in Chambers USA: America's Leading Lawyers for Business. The American Lawyer named her a Top Commercial Litigation Lawyer and named her to the Annual Guide to Bet-the-Company Litigation by Best Lawyers. She is listed in The Best Lawyers in America and in the Top 25 Women Lawyers by San Diego Super Lawyers. The Los Angeles Daily Journal recognized her as one of California's "Top Women Litigators." Lawdragon lists her among The 100 Lawyers You Need to Know in Securities Litigation and among The 500 Leading Lawyers in America.

Ms. Weiss is a member of DLA Piper's US Executive Committee.

REPORTED AND OTHER REPRESENTATIVE CASES (AS LEAD TRIAL COUNSEL)

  • In re Groupon, Inc. Marketing Practices Litigation.  As lead counsel,  represents Groupon, Inc.  nationwide in consumer class actions brought in multiple federal and state courts under the Electronic Funds Transfer Act  and various state statutes, including the California Consumer Legal Remedies Act and California Business and Professions Code Section 17200 et seq.
  • In re One-A-Day Men's Multivitamin Litigation.  As lead counsel, represents Bayer Corporation and Bayer HealthCare, LLC in consumer class action litigation filed in multiple federal courts alleging violation of consumer statutes and RICO.
  • Countrywide Financial Corporation Securities Litigation.  As lead counsel, represents the former executive vice president and Chief Financial Officer in SEC litigation and and private securities class action and derivative litigation nationwide.  Obtained withdrawal of fraud claims in SEC action.
  • KLA Tencor Options and Employment Litigation:  As co-lead counsel, represented director and former CEO of KLA-Tencor in SEC  litigation and private securities class action and derivative litigation filed against him and in affirmative employment litigation against former Company. Obtained net payment to client of $13M.
  • Broadcom Options Litigation: As lead counsel, represented two outside directors and a former CEO of Broadcom corporation in government investigations and class action and derivative litigation. No charges brought against clients and all actions settled with insurance proceeds.
  • Gonzalez v. Bayer HealthCare LLC. As lead counsel, obtained judgment for the defense after 2 1/2 week trial in case brought under California's Consumer Legal Remedies Act, Unfair Competition Law and False Advertising statutes and various common law claims.
  • In re Foundry Networks Securities Litigation. As lead counsel, obtained dismissal with prejudice of securities class action litigation; In re Foundry Networks Sec. Litig., WL 22077729, obtained dismissal of Ninth Circuit appeal.
  • Option Backdating Cases. Ms Weiss has represented numerous directors and officers and companies in securities litigation and SEC investigations in the so called options backdating cases; including clients in In re Finisar Corp., Derivative Litigation, In re KLA-Tencor Derivative Litigation; In re Broadcom Corporation Derivative Litigation; In re Foundry Networks Derivative Litigation.
  • Baycol Litigation. As lead counsel, represents Bayer Corporation and Bayer AG in product liability lawsuits filed in numerous venues throughout California and was selected as lead trial counsel on cases set for trial in Oregon and California.
  • Securities Exchange Commission v. Lent. As lead counsel, obtained dismissal with prejudice of fraud claim filed by SEC against former chairman. Case settled solely on negligence count.
  • In re The Vantive Corporation Securities Litigation, 110 F. Supp. 2d 1209, affirmed by the Ninth Circuit Court of Appeals, 283 F. 3d 1079. As lead counsel, successfully defended securities class action litigation and won affirmance on appeal to the Ninth Circuit Court of Appeals.

REGULATORY INVESTIGATION REPRESENTATION/SPECIAL COMMITTEES
  • Ms. Weiss has represented numerous companies and individuals responding to government investigations in the technology, biotechnology and financial institutions industries. Ms. Weiss has also represented many special committees of boards of directors in internal company investigations.
  • Currently, Ms. Weiss represents Directors and Officers and companies involved in investigation and litigation of option dating issues.
JUDICIAL COMMITTEE APPOINTMENTS
  • 2007-2009: Attorney Representative to the Ninth Circuit Court of Appeals, appointed by Chief Judge of Southern District of California
  • 1998-2003: Appointed by Chief Judge of the US District Court, Southern District of California, to the panel evaluating magistrate judges for new appointments and re appointments.
PROFESSIONAL ORGANIZATIONS
  • Founding Director, Association of Business Trial Lawyers, San Diego Chapter.
  • Founding Member and Master, American Inns of Court, J. Clifford Wallace chapter
  • Member, American and California Bar Associations and Defense Research Institute
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