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Shirli Fabbri Weiss  


Partner

shirli.weiss@dlapiper.com

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401 B Street, Suite 1700
San Diego, California 92101-4297
United States
T: +1 619 699 3650   F: +1 619 764 6650
2000 University Avenue
East Palo Alto, California 94303-2214
United States
T: +1 650 833 2496  

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 and has called her "a knowledgeable and highly effective securities litigator." She is also named in Legal 500. 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 this 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 private securities class action and derivative litigation nationwide. Obtained withdrawal of fraud claims in the 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 the client of US$13million
  • 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 were brought against clients and all actions settled with insurance proceeds
  • Gonzalez v. Bayer HealthCare LLC. As lead counsel, obtained judgment for the defense after a 2-1/2 week trial in a 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 a former chairman. Case settled solely on the 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
  • Zeid v. Kimberley, 973 F. Supp. 910. Zeid v. Kimberly, 930 F. Supp. 431. As lead counsel, won the first class action dismissal under the Private Securities Litigation Reform Act of 1995. Won affirmance by Ninth Circuit Court of Appeals in April 2001
  • In re CIENA Corporation Securities Litigation, 99 F. Supp. 2d 650, a securities class action in Maryland. The issuer had the largest IPO up to that time (1997). As lead counsel, won dismissal with prejudice in May 2000
  • In re IPO Securities Cases, US 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., US 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
  • American Bar Association
  • California Bar Association
  • Defense Research Institute

Representative Speaking Engagements

  • Stanford Directors' College- Stanford Law School Litigation Defense and Prevention for Directors, June 2011, 2010, 2009, 2008, 2007, 2006, 2003
  • Annual PLI Securities Litigation & Enforcement Institute October 2010, 2009, 2008, 2007, 2003
  • "International Developments in Securities Litigation," NERA Annual Conference
  • Point/Counterpoint Discussion on “What Shapes Shareholder Litigation Today?" Directors' Forum, Panel Seminar
  • National Practice Institute: Objections at Trial (with Honorable James Milliken and attorney Dan Duprey)

Admissions

  • California
  • All California state courts
  • All California federal district 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

Prior Experience

  • 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


EDUCATION

  • J.D., University of Miami School of Law 1977 cum laude
  • University of California at Berkeley, Boalt Hall School of Law
  • B.A., University of Massachusetts 1972 cum laude

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