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

Special Committee Representations

Case Name

Claims Asserted

Court

Joel Krieger v. Wesco Financial Corporation et al.

Claims for breach of fiduciary duty, including “duty of candor” claims

Court of Chancery of the State of Delaware

Class claims alleging breach of fiduciary duty arising out of going private transaction. Included claims for misstatements in proxy materials. Following expedited discovery, Court denied motion for preliminary injunction. Court subsequently granted defendants’ motion for summary judgment and the case has been dismissed with prejudice.

James Kinsey v. Wesco Financial Corporation et al.

Claims for breach of fiduciary duty, including “duty of candor” claims

Superior Court of California, County of Los Angeles

Class claims alleging breach of fiduciary duty arising out of going private transaction, including claims for misstatements in proxy materials. Court granted motion to stay in favor of prior pending Delaware action.

In Re WFS Financial Shareholder Litigation

Claims for breach of fiduciary duty in connection with proposed parent-subsidiary acquisition

Superior Court of the State of California, County of Orange

Representation of Special Committee of WFS Financial Inc. (“WFS”) and WFS in class action challenging transaction in WestCorp Inc.’s acquisition of minority shareholders interest in WFS by exchange of WFS shares for shares of WestCorp. TRO defeated and several demurrers sustained prior to negotiation of disclosure-based settlement.

In re China Advanced Construction Materials Group Litigation

Claims for breach of fiduciary duty, including “duty of candor” claims

Court of Chancery of the State of Delaware

Representation of Special Committee in class claims alleging breach of fiduciary duty arising out of going private transaction. Included claims for misstatements in proxy materials. Case now closed.

In re Station Casinos Shareholder Litigation.

Class action for breach of fiduciary duty

District Court, Clark County, Nevada

Representation of Special Committee in suit for breach of fiduciary duty in connection with going private transaction. Motion to dismiss filed, case settled based on minor changes to proxy.

City of Pontiac General Employees’ Retirement System v. Eagle Hospitality Properties, Inc. et al.

Class action for breach of fiduciary duty

Commonwealth of Kentucky, Kenton Circuit Court

Representation of Special Committee in suit for breach of fiduciary duty in connection with going private transaction. Motion to dismiss filed, case settled based on minor changes to proxy.

Kenneth Hill et al. v. St. John Knits, Inc. et al.

Breach of fiduciary duty, including “duty of candor” claims based on false and misleading proxy materials

Superior Court of the State of California, County of Orange

Representation of Special Committee directors in class claims for breach of fiduciary duty arising out of going private transaction. Among other major issues, case focused on fairness opinions and diligence of financial advisor to Special Committee of the board. After intensive litigation, case settled with no contribution either by Special Committee defendants or by committee’s financial advisor.