The Weiser Law Firm, P.C.

The derivative department at the firm initiates actions by shareholders on behalf of corporations against officers, directors and other parties responsible for corporate wrongdoing. The department takes special interest in matters involving corporate governance issues.

Notable cases in which the firm has recently been involved are:

• In Re SFBC International, Inc. Securities & Derivative Litigation
  Defendants’ Motion to Dismiss denied based on plaintiffs’ argument that it would have been futile to make a pre-suit demand on the board, thus allowing the case to go forward, and affirming the appropriate use of derivative action.
  To read the opinion in this case, click here.
  
• Belova, Derivatively on Behalf of Triquint Semiconductor, Inc. v. Steven J. Sharp, et al.
  To read the opinion in this case, click here.
• Engel, et al. v. Sexton, et al. a/k/a “In re Pool Corporation Shareholder Derivative Litigation,”
  C.A. Nos. 06-10447, 06-10547, 07-116 (E.D. La. Feb. 11, 2009) – MTD denied
  To read the opinion in this case, click here.
  

The firm's M&A department focuses it's practice on challenges to board/management misconduct in connection with corporate mergers and acquisitions, in order to ensure that shareholders interests are protected..

The Firm has substantial experience in the prosectuion of these cases, specializing in breach of fiduciary duty actions, and the resources necessary to efficiently conduct this type of litigation.

Recent matters in which the M&A department has played a role are:

• In Re Phelps Dodge Corp. Shareholder Litigation
  $25.9 billion acquisition of Phelps Dodge by Freeport-McMoran
  
• In Re Unocal Exploration Corp. Shareholders Litigation
  (Chevron's $17.4 billion acquisition of Unocal Corp)
• Simonetti Rollover IRA v. Margolis
  June 27, 2008 (TriZetto Group) (Plaintiffs’ counsel instrumental in obtaining an injunction against the acquisition of The TriZetto Group, Inc. because financial advisor failed to disclose the amount of its holdings of certain TriZetto warrants)
  Case No. 3694-VCN
• In Re DJO Shareholder Litigation
  Superior Court of the State of California, County of San Diego
  Case No. 37-2007-00074195-CU-BT-CT
• Miller v. Siebel Systems, Inc., et al.
  Superior Court of the State of California, County of San Mateo
  Case No. CIV 449534
• McBride, et al. v. Sabre Holdings Corp., et al.
  District Court, Tarrant County, Texas, 236th Judicial District
  Case No. 236-221611-06