Eric S. Waxman as Lead Attorney
Representative List of Cases

Cases Representing Issuers, Directors and Officers, and Underwriters in Federal Securities Class Actions, Derivative Actions and Class Claims for Breach of Fiduciary Duty

Other Significant Matters

Case Name

Claims Asserted

Court

Anacor Pharmaceuticals, Inc. v. Valeant Pharmaceuticals International

Breach of contract, trade secret misappropriation, and unfair competition under the UCL.

JAMS

Representation of Valeant Pharmaceuticals International, Inc. on breach of contract dispute under a master services agreement between Anacor and Dow Pharmaceuticals Sciences, Inc.

EIG Global Energy Partners, LLC v. TCW Asset Management Co.

Claims of breach of fiduciary duty

United States District Court, Central District of California

Representation of Société Générale in connection with action seeking to enjoin the its sale of its stake in Trust Company of the West pending resolution of arbitration.   The court refused to block the sale at the suggestion of Société Générale and directed the TCW-EIG joint venture interest be placed in a trust pending outcome of arbitration.

In re Trilegiant Corp, Inc.

Claims for RICO, aiding and abetting, mail fraud, unfair business practices

United States District Court, District of Connecticut

Representation of United Online in class action based on the company’s post-transaction internet sales practices, seeking class certification, restitution and disgorgement of all allegedly wrongfully charged.

Nelson Gonzalez v. Freedom Communications, Inc. dba The Orange County Register

Class action regarding employment status

Superior Court of the State of California, County of Orange

Representation of Orange County Register in a suit by its newspaper carriers seeking to modify employment status. After six week trial, parties settled on terms highly favorable to our client.

Richard Hoffman v. Tharaldson Motels Inc. Employee Stock Ownership Plan

Breach of ERISA Duties as Plan Fiduciary

USDC, District of North Dakota, Southern Division

Representation of Tharaldson Motels Inc. in claim alleging ERISA violations for requiring former employee to sell stock upon leaving Tharaldson Motels, Inc. employment. Court granted motion to dismiss with prejudice.

Vincent Alvidres v. Countrywide Financial Corp. et al.

Class action asserting violations of the Employee Retirement Income Security Act

United States District Court, Central District of California

Representation of two former outside directors in action asserting violations of breach of fiduciary duty based on allegations that it was inappropriate for company to continue offering its stock as investment vehicle for Countrywide’s ESOP due to risky lending and mortgage practices. Case settled after mediation.

Azteca America Stations Group, L.L.C. et al. v. Citicorp Venture Capital, LTD, et al.

Action alleging fraud, negligent misrepresentation, interference with contract, violations of California Business and Professions Code section 17200 and violations of California securities laws

Superior Court of the State of California, County of Los Angeles

Representation of Leonard Green & Partners L.P. (“LGP”) in an action arising out of their acquisition of IMG, Inc. Original complaint alleged various claims against LGP, including fraud, negligent misrepresentation, breach of contract, interference with contract, interference with prospective advantage, civil conspiracy, violations of California Business and Professions Code section 17200 and violations of California securities laws. Following extensive discovery, Court granted motion for summary judgment, a ruling that survived appeal.

Tiffany & Company v. Century City Mall, LLC, Westfield, LLC

Dispute regarding meaning enforceability of covenant restricting particular types of tenants from specific area of shopping mall

Superior Court of the State of California, County of Los Angeles

Represented Westfield LLC in defending against an attempt by Tiffany & Company to obtain an injunction blocking Westfield from leasing space to H&M on the basis that it did not meet the definition of the “luxury or upscale” requirements in the adjacency clause contained in Tiffany’s lease. Tiffany leases space in several Westfield malls that contain similar clauses. Westfield prevailed at the injunction hearing because Tiffany did not show a likelihood of success on the merits and the case promptly settled.

In the Matter of Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc.

Representation of United Online in multistate investigation by 16 state attorney generals looking into issues of alleged consumer fraud.

Various State Attorneys General

Representation is ongoing.

White Trust dated May 3, 2002 v. Robert Schulman, Tremont Group Holdings Inc. et al.

Individual investor suits for breach of fiduciary duty relating to Bernard Madoff

Superior Court of the State of California, County of Los Angeles

Representation of Tremont Partners and Tremont Group Holdings in a series of individual actions asserting breach of fiduciary duty in connection with the funds’ monitoring of investments with Bernard Madoff. Case is ongoing.

In re ICN Pharmaceuticals Shareholders Litigation

Class action for breach of fiduciary duty; removal of directors in parent-subsidiary acquisition

Court of Chancery of the State of Delaware

Litigation arising out of ICN’s acquisition of its Ribapharm subsidiary where ICN was the majority shareholder. Court allows removal of minority directors from subsidiary board. Transaction closed and litigation dismissed.

McDaniel et al. v. Liberty Mutual

Claim for fraud and breach of fiduciary duty under state law

Superior Court of the State of California, County of Los Angeles

Claim for disclosure violations and waste in connection with publicly traded limited partnerships. Court granted our forum non conveniens motion and plaintiffs never refiled.

Merisel, Inc. v. Turnberry Capital Management L.P., et al.

Breach of fiduciary duties arising out of failed exchange with bondholders

Court of Chancery of the State of Delaware

After months of intensive litigation, case settled on basis favorable to client.