Business & Commercial Litigation Cases

Archstone Litigation -- Stender v. Archstone Smith Operating Trust, et al.

On November 30, 2007, Wexler Wallace instituted litigation on behalf of a class of investors who had negotiated for securities with certain essential characteristics, only to see those characteristics stripped away through a merger transaction in which the investors had no say. The complaint alleges, among other things, breaches of fiduciary duty, breach of contract and civil conspiracy. Read more.

In re Pressure Sensitive Labelstock Antitrust Litigation
Wexler Wallace's client in this antitrust case is the premier supplier of custom label products and one of the largest labelstock purchasers in the country. In this action against manufacturers of labelstock (the base material from which labels are made), the Client's chief financial officer provided crucial testimony relating to the products and pricing behavior at issue in the case. Working closely with the Client, Wexler Wallace produced a massive amount of information during discovery. These efforts by the Client and Wexler Wallace helped lead to class certification and an eventual settlement of the entire case. Read more.

Illinois Funeral Directors Association Litigation
Wexler Wallace represented funeral directors around the State of Illinois and was lead counsel in derivative litigation and class actions seeking to recover over $140 million that was dissipated from a trust fund holding money intended to pay for funerals throughout the State of Illinois. The money was supposed to be invested in safe instruments that would preserve capital and earn a small rate of return to, hopefully, cover the cost of inflation. A number of Merrill Lynch entities, however, engaged in a scheme whereby the money was used to buy single premium life insurance policies. Read more.

Ace Arts LLC v. Sony/ATV Music Publishing, LLC et. al.
In 1964, in what would later signify the first incursion of the “British Invasion” into U.S. popular culture, The Beatles performed their first concert in the United States at the Washington Coliseum in Washington, D.C. Almost 50 years later, Ace Arts, LLC obtained the rights to distribute a documentary about the initial impact of The Beatles in America. The documentary, which incorporates rare film footage of The Beatles’ first U.S. Concert, was to be screened in movie theaters across the country and later, to be available for purchase by fans and music historians alike. Read more.

Advanced Caregivers LLC v. ACE Hardware Corporation
In the early 2000s, ACE implemented a “Vision 21” concept, the stated purpose of which strategy was to “align ACE’s resources for retail success.” On January 6, 2012, Wexler Wallace, LLP, with co-counsel Zimmerman Reed, PLLP and Lindquist & Vennum, filed a class action complaint against ACE Hardware Corporation on behalf franchisees of ACE Vision 21 stores, alleging that ACE made material misrepresentations regarding the likely success Vision 21 franchises, inducing investment in those stores under false pretenses. Read more.

Cosmetique v. ValueClick, Inc.
Wexler Wallace represented one of the nation’s largest direct marketing cosmetics companies in this unfair competition action against the “lead generation” company ValueClick, Inc. and its subsidiary Webclients. As alleged in the complaint, Cosmetique paid millions of dollars to ValueClick, through an intermediary, for leads to sales for its beauty products. However, because ValueClick’s “leads” were generated through deceptive business practices, for which they were sued by the Federal Trade Commission, the leads were not to customers genuinely interested in Cosmetique’s products. Read more.

Jan Watson and Jack Mitchell v. Westgate Resorts
Wexler Wallace brought this action under the Fair Labor Standards Act, seeking for the Class of former and current employees of the defendant unpaid wages and overtime compensation as required by law. The complaint alleges that, while Westgate purported to hire its time-share condominium sales force as “independent contractors,” it strictly controlled the conditions of their employment such that they were not independent contractors, but employees entitled to benefits. Read more.