Perrie Weiner

Perrie M. Weiner

Partner
Baker & McKenzie LLP

Biography

Perrie M. Weiner is the Partner in Charge of Baker McKenzie's Los Angeles office. He is also the Chair of the Firm's North America Securities Litigation Group. With over 30 years of experience, Perrie's practice focuses on securities litigation and enforcement matters and complex business litigation. Perrie has been approved by American International Group, Inc. (AIG) and XL Group PLC, as one of the few lawyers in California to represent directors and officers in securities and other complex (class action) litigation matters.

Practice Focus

Perrie represents a wide array of clients in securities litigation and enforcement matters, and in complex business litigation. He represents private equity funds, including hedge funds, broker-dealers, underwriters, placement agents and issuers (including their officers and directors) in SEC and FINRA (formerly NASD) enforcement proceedings, and in white collar criminal proceedings. In addition, Perrie defends both underwriters and issuers (and their officers and directors) in securities class actions, shareholder derivative actions and takeover defense litigation.

Beyond securities matters, Perrie also has an active complex business litigation practice, including representing parties in California consumer class actions involving claimed violations of the Right to Privacy (including TCPA, "call recording," cybersecurity and the like), Automatic Renewal Law, Section 17200 and RICO.

He has an international practice, with scores of litigation victories, pending cases and publications widely reported in Time, Business Week, Forbes, The Wall Street Journal, New York Law Journal, Los Angeles Daily Journal, Los Angeles Times, Los Angeles, Money Management Executive, PIPEs Report, HedgeWorld and The Economist, among others.

In addition to representing private and public companies in a variety of industries in both national and international business disputes as well as in securities class and derivative actions, Perrie also represents both domestic and international market participants (including many Chinese issuers traded in the US, as well as underwriters and placement agents with respect to those transactions) in a wide range of securities litigation and enforcement matters, including pre-litigation crisis management counseling.

Representative Legal Matters

Prior to joining the Firm, Perrie acted on the following matters:

Securities: Death Spiral/PIPEs (Private Investment in Public Equities) Litigation

  • First in Texas, and then in New York, federal court, defense of an investment advisor and its principals in a purported death spiral securities fraud action against claims of unlawful market manipulation and fraudulent misrepresentations arising out of a securities purchase agreement for future priced securities. Based on the strength of the motion for judgment on the pleadings, and in order to avoid Rule 11 sanctions, plaintiffs voluntarily agreed to dismiss their complaint with prejudice and without any payment or consideration.
  • In Nevada federal court, defense of an investment advisor based in the United States, its principals and certain offshore investment funds, in a purported death spiral securities fraud action against claims of unlawful market manipulation and fraudulent misrepresentation arising out of a securities purchase agreement for future priced securities. Plaintiff voluntarily dismissed its action, and we obtained a judgment of USD 1 million for our client on its own claims against the plaintiff.

Securities: Naked Shorting Litigation

  • In Texas, defense of a number of national broker-dealers including market makers in a purported naked shorting state securities fraud action against such alleged claims as unlawful market manipulation, RICO and common law fraud. After removing the action from Texas state to Texas federal court based on a federal preemption argument, we successfully moved to dismiss the case.
  • In Nevada federal court, representation of multiple national broker-dealers including a market maker in a naked shorting securities fraud action against such claims as unlawful market manipulation, RICO and common law fraud. The court granted our motion to dismiss the case.

Securities: China

  • Representation of Core Pacific Yamaichi, a Hong Kong investment bank, and Core-Pacific Securities, a related California-based broker-dealer, in a private securities fraud lawsuit in the Central District of California, ultimately obtaining dismissal for our clients on summary judgment.
  • Representation of an AMEX-traded Chinese company and several of its officers and directors in a securities class action involving allegations that, among other things, the company's finances as reported in its SEC filings did not correspond with financial results the company reported to the SAIC, that the company overpaid for several significant assets, pending in the Central District of California.

Securities: Other

  • Representation of the CEO of a major Fortune 500 public company in five shareholder derivative lawsuits, an SEC investigation in California and a US Attorney investigation in the Eastern District of New York regarding options granting issues. The government investigations were terminated with no enforcement action against the client and the private litigation was resolved favorably for the client.
  • Representation of the officers and directors of a publicly-traded regional bank in a shareholder derivative lawsuit alleging that the defendants rigged an internal investigation to reach a predetermined result. Obtained a complete victory for the defendants on summary judgment.

Complex Commercial and Business Tort Litigation

  • In Los Angeles Superior Court, prosecution of an action for breach of a loan and option to purchase stock agreement against a privately held technology company. When the court indicated at oral argument that it would grant our motion for summary judgment, we entered into a settlement with the defendant whereby our client received a payment of approximately USD 1 million and five percent of the authorized stock of the defendant.
  • In Los Angeles Superior Court, prosecution of an action for breach of fiduciary duty and other tort claims on behalf of the largest US privately held computer software company. It was discovered that the then-vice chairman had usurped and diverted a USD 3 million stock investment opportunity (turning out to be worth more than USD 70 million), belonging to a client, to a single purpose venture that he had formed. The case settled on terms very favorable to our client, but which were made confidential by the terms of the settlement agreement.

 

Clerkship


  • Judicial Extern to the Hon. Ralph J. Geffen, US District Court, Central District of California (1985)
  • Judicial Law Clerk to the Hon. John R. Kronenberg, US District Court, Central District of California (1986-1987)

Professional Honors

  • Top Litigators & Trial Lawyers in Los Angeles, LA Business Journal, 2019
  • Southern California Super Lawyer, 2004-2018
  • Albert Nelson Marquis Lifetime Achievement Award, 2017
  • Wiley W. Manuel Award for his pro bono legal work, 2013
  • Lawdragon's 500 Leading Lawyers in America, 2007, 2012-2013
  • Securities Lawyer of the Year, USA, Lawyer Monthly, 2012
  • 10 Most Admired Securities Attorneys, Law360, 2010
  • Nominated as best contributed articles in the fourth quarter of 2010: "The SEC's Two Pronged Attack on Naked Short Selling," Bloomberg Law, 2009
  • 200 Lawyers You Need to Know in Securities Litigation, Lawdragon, 2008
  • Highly Commended Award from Emerald Literati Network: "Recent developments in hedge fund enforcement and regulation by the SEC under the leadership of Chairman Cox suggest that he may not be the free market advocate everyone once thought he was," 2007
  • California's Top Mega-Rainmakers in the $10 Million Club, Los Angeles Daily Journal, 2004-2007
  • Burton Award for Legal Achievement: "Litigation Strategies: Managing Litigation Risk and Addressing Investor Concerns," 2006
  • Lawdragon's 3000 Leading Lawyers in America, 2006
  • Top 10 Securities Litigators in the US, Securities Law360, 2006
  • Who's Who in American Law, 2005-2006
  • California's Top Mega-Rainmakers, LA Daily Journal, 2004-2005
  • Leading Individual in Litigation, Chambers USA 2006

Professional Associations and Memberships

  • Beverly Hills Bar Association (BHBA)
  • Los Angeles County Bar Association (LACBA)
  • Advisory Board, Institute of Corporate Counsel, USC Gould School of Law

Admissions

  • U.S. Court of Appeals, Sixth Circuit~United States
  • U.S. District Court, Central District of California~United States
  • U.S. District Court, Northern District of California~United States
  • U.S. District Court, Southern District of California~United States
  • California~United States

Education

  • Loyola Law School, Los Angeles (JD Dean's List) (1985)
  • University of California, Los Angeles (BA Political Science Honors, College of Honors, Phi Betta Kappa, summa cum laude) (1982)
  • Interviewed, "Mini-Roundtable US Securities Class Actions," Corporate Disputes Financier Worldwide, Ltd., September 2019

Publications