Whitney B. Weber

Whitney’s experience includes representing:

• Peloton – Won dismissal of securities class action alleging the company misled investors about COVID-related demand levels (S.D.N.Y.)
• Twitter/X – Won dismissal of securities class action against company and its executives arising out of allegations regarding handling of misinformation and user-data metrics on the platform (C.D. Cal)
• Global retail chain – Won dismissal of securities class action against company and its executives arising out of allegations regarding statements about drug-dispensation investigations and disclosures (D. Del.), affirmed by the Third Circuit
• Hippo – Won summary judgment in favor of the company in founder’s dispute action alleging state-court breach-of-contract, breach-of-fiduciary-duty, California securities-law, and conversion claims (San Francisco Superior)
• NextGen/QSI -- Won complete defense jury verdict in first holder’s claim to go to trial in nearly 90 years, which was named by the Daily Journal as a Top Verdict of 2022 (Orange Cty. Superior, aff’d Cal. Ct. App.).
• Baxter International - Won appellate affirmance after three dismissals in trial court of breach-of-fiduciary claims against company and its in-house counsel following internal investigation of former executive (Ill. App. Ct.)
• Eargo – Won dismissal of securities class action following criminal and civil investigations into insurance reimbursement practices for direct-to-consumer hearing aids, which was later affirmed by the Ninth Circuit.
• OSI Systems – Won in the Ninth Circuit preserving dismissal of derivative claims against directors of security-screening designer on demand futility grounds (9th Cir.)
• Quality Systems – Won dismissal with prejudice of two shareholder derivative actions on behalf of officers and directors of healthcare information-systems company, which was affirmed by the Ninth Circuit
• Advanced Micro Devices (AMD) – Successfully represented AMD, a global semiconductor company, and certain directors and officers in a securities class action filed in the US District Court for the Northern District of California, regarding production of, and supply for, its microprocessing products that led to a highly favorable settlement (N.D. Cal.)
• Walmart – Successfully represented Walmart in high-profile and closely watched securities class action pending in the US District Court for the Western District of Arkansas, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act
• Occam Networks – Successfully represented Occam Networks in an action against former officers and directors alleging breaches of fiduciary duty in connection with merger agreement, which settled on highly favorable terms after the start of trial (Del. Ch.)
• sTec – Part of trial team that won unanimous defense verdict following jury trial on behalf of CEO of enterprise-class technology company in US$800 million SEC enforcement action alleging insider trading (C.D. Cal.)