Ned Weinberger is Chair of the Firm’s Corporate Governance and Shareholder Rights Litigation Practice. An experienced advocate of shareholder rights, Ned focuses on representing investors in corporate governance and transactional matters, including class action and derivative litigation. Ned was recognized by Chambers & Partners USA in the Delaware Court of Chancery and was previously named an “Associate to Watch,” noting his impressive range of practice areas.
He currently prosecutes California State Teachers' Retirement System v. Alvarez, a high-profile derivative litigation against Wal-Mart Stores, Inc. related to alleged violations of the Foreign Corrupt Practices Act of 1977 by Wal-Mart’s Mexican subsidiary. Additionally, Ned leads a case against the Providence Service Corporation in Haverhill Retirement System v. Richard A. Kerley and The Providence Service Corporation, alleging an improper financing arrangement in relations to an acquisition by Providence’s board chairman.
Most recently, Ned secured a $40 million settlement, pending court approval, from Sears Holding Corp. The derivative action alleged breaches of fiduciary duty by Sears’ CEO and its board of directors regarding their decision to spin-off over 200 of their most valuable real estate assets in a sale-leaseback transaction with Seritage Growth Properties, a real estate investment trust that is also run by the CEO of Sears. He was also part of a team that achieved a $12 million recovery on behalf of stockholders of ArthroCare Corporation in a case alleging breaches of fiduciary duty by the ArthroCare board of directors and other defendants in connection with Smith & Nephew, Inc. acquisition of ArthroCare.
Prior to joining Labaton Sucharow, Ned was a litigation associate at Grant & Eisenhofer P.A. where he gained substantial experience in all aspects of investor protection, including representing shareholders in matters relating to securities fraud, mergers and acquisitions, and alternative entities. Representative of Ned's experience in the Delaware Court of Chancery is In re Barnes & Noble Stockholders Derivative Litigation, in which Ned assisted in obtaining approximately $29 million in settlements on behalf of Barnes & Noble investors. Ned was also part of the litigation team in In re Clear Channel Outdoor Holdings, Inc. Shareholder Litigation, the settlement of which provided numerous benefits for Clear Channel Outdoor Holdings and its shareholders, including, among other things, a $200 million cash dividend to the company's shareholders.
Ned received his J.D. from the Louis D. Brandeis School of Law at the University of Louisville where he served on the Journal of Law and Education. He earned his B.A. in English Literature, cum laude, at Miami University.
EducationLouis D. Brandeis School of Law at the University of Louisville
Settled | Resolved Cases
2011, New York
U.S. District Court
2010, District of Delaware
In the News
- Press Release, Labaton Sucharow Reaches $40M Settlement with Sears’ CEO in Case Alleging Breach of Fiduciary Duty (02/10/2017)
- Business Insider, Yahoo! Finance, Sears' CEO agrees to $40 million settlement of lawsuit that alleged he unfairly enriched himself with the company's “crown-jewel assets” (02/10/2017)
- Business Insider, Inside Sears' Death Spiral: How an Iconic American Brand Has Been Driven to the Edge of Bankruptcy (01/08/2017)
- Law360, AmTrust Director Can't Escape Suit Over Dropped Acquisition (06/16/2016)
- FundFire, Pensions, Wells Advisor Sue Citi Directors for Fraud (04/07/2016)
Published & Presented
- Practising Law Institute (PLI), Related-Party and Conflicts Transactions: What's a Board to Do (Speaker) (11/30/2016)
- American Association for Justice, Roundtable Discussion (Panelist) (12/08/2016)
- American Association for Justice, AAJ 2014 Annual Convention (Panelist) (07/29/2014)
- Pensions & Investments, Requiring Greater Accountability of MLPs for Investors (04/28/2014)