Shirli Fabbri Weiss concentrates in civil trial practice in federal and state courts primarily in California. Her practice emphasizes representing companies and directors and officers in securities litigation and companies in mass product liability/consumer litigation; defense of government proceedings on behalf of corporate directors and officers; and representation of special committees of boards of directors.

The respected English publisher Chambers & Partners recognized her in Chambers USA: America’s Leading Lawyers for Business, noting that clients regard her as “tenacious, smart and extremely well-connected.” The American Lawyer named her a Top Commercial Litigation Lawyer. She is listed in The Best Lawyers in America and has been named a Southern California Super Lawyer and a San Diego Super Lawyer. The California Daily Journal named her among the Top 30 Securities Litigators in California and among the Top 75 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 the firm’s US Executive Committee.

Reported and Other Representative Cases (as lead trial counsel)

• 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.
• 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.
• 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.
• 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.
• DuPont Pharmaceutical Coumadin Litigation. Defense of alleged consumer fraud cases. Obtained summary adjudication on cases pending in three different California venues and obtained California Supreme Court mandate to appellate court resulting in favorable Anti-SLAPP ruling on a fourth case. DuPont Pharmaceuticals Co. v. Superior Court, 78 Cal. App. 4th 562.
• Zeid v. Kimberley, 973 F. Supp. 910. Zeid v. Kimberly, 930 F. Supp. 431. As lead counsel, won first class action dismissal under Private Securities Litigation Reform Act of 1995. Won affirmance by Ninth Circuit Court of Appeals 4/01.
• In re CIENA Corporation Securities Litigation, 99 F. Supp. 2d 650. Securities class action in Maryland. Issuer had largest IPO in history in 1997. As lead counsel, won dismissal with prejudice 5/00.
• In re IPO Securities Cases, U.S. District Court, Southern District of New York. As lead counsel, Ms. Weiss represents 19 issuers and 65 directors and officers in litigation arising from IPOs and secondary offerings.
• Imperial County Employees’ Retirement System v. R. Lance Hewitt, et al., Monterey County Superior Court, State of California. As lead counsel, won dismissal with prejudice of California state court shareholder derivative actions against directors and officers.
• Wietchner v. Monterey Pasta Co., U.S. District Court, Northern District, 294 F. Supp.2d 1102. As lead counsel won dismissal with prejudice on our firm motion to dismiss this securities class action.

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 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

Speaking Engagements

Speaker for Stanford Directors’ College, Rutter Group, Practising Law Institute, Directors Roundtable and UCSD’s Connect Program on topics of federal and California trial practice and class action litigation.

• “Developments in Securities Litigation,” Stanford Directors’ College, Stanford Law School (June 2007)
• “International Developments in Securities Litigation,” NERA Annual Conference, 2007
• Point/Counterpoint Discussion on “What Shapes Shareholder Litigation Today?” Panel Seminar with William Lerach, March 2007, Corporate Directors’ Forum
• "Options Investigations and Other SEC Developments," Stanford Directors' College, Stanford Law Schoool (June 2006)
• “ Electronic Evidence – The New DNA of Litigation,” Directors Plus (February 2004)
• “The New World of Director and Corporate Liability,” Stanford Directors’ College, Stanford Law School (J une 2003)
• Securities Class Action Developments and Institutional Investors’ Duties Pane, chaired by former SEC Commissioner Joseph Grundfest , Institutional Investor’s Forum, Stanford Law School
• “Directors’ Roundtable – Financial Irregularities and Corporate Internal Investigations,” with SEC Regional Director Valerie Caproni and PriceWaterhouseCoopers
• “Capital Markets Outlook, Update on Securities Litigation,” UCSD Connect, Stanford Directors’ College, Stanford Law School
• “Objections at Trial”,” National Practice Institute, with the Honorable James Milliken and attorney Dan Duprey
• “How to Present and Attack Documentary Evidence,” Continuing Education of the Bar, with the Honorable David Moon and attorney David R. Markham
• “Trial: Examination and Cross Examination,” Continuing Education of the Bar, with the Honorable Anthony C. Joseph and attorney David Casey

ZULASSUNGEN

• California
• All California state courts
• All California federal courts
• United States Court of Appeals for the Fifth Circuit
• United States Court of Appeals for the Ninth Circuit
• Pro Hac Vice admission in courts in Texas, Arizona, Oregon, Maryland, New York, and Delaware

Erfahrungen

• Extern to the Honorable J. Clifford Wallace, Court of Appeals, Ninth Circuit (1976)
• Partner, Gray Cary Ware & Freidenrich LLP and predecessor firm Gray Cary Ames & Frye since 1984