Wendy J. Wildung's practice includes trial and appellate work involving a broad range of business disputes, with a particular emphasis on securities litigation and legal disputes involving publicly-held companies. 

Wendy has handled hundreds of cases in various federal and state courts across the country. She has tried over 30 cases to conclusion, in areas including securities, real estate transactions, franchising, insurance, lending, leasing, and partnerships.

In the areas of securities and financial markets litigation, Wendy's work has included principal or significant responsibility in the following types of contested matters:

• Defending corporations and their officers and directors in fraud-on-the-market class actions. Wendy has been lead defense counsel in:
  • Hutchinson Technology Incorporated Securities Litigation
  • Buca, Inc. Securities Litigation
  • Gander Mountain Company Securities Litigation
  • Rural Cellular Corporation Securities Litigation
  • E.W. Blanch Holdings, Inc. Securities Litigation
  • Rainforest Cafe, Inc. Securities Litigation
  • Buffets, Inc. Securities Litigation
  • Digi International Inc. Securities Litigation

She also has had significant responsibility in dozens of other fraud-on-the-market class actions involving publicly-held companies, including Honeywell, Cray Research, GreenTree Financial, Tricord Systems, and Piper Jaffray.

• Defending officers and directors in derivative litigation involving executive compensation, acquisitions, accounting restatements, corporate governance activities, takeover defense measures, and general mismanagement.

• Defending issuers, selling stockholders, and underwriters in public offering litigation.

• Defending publicly-held corporations, and their officers and directors, in hostile takeover litigation. Examples include:
  • Representation of Dayton Hudson Corporation in its successful defense of a hostile takeover attempt by the Dart Group
  • Representation of The Pillsbury Company in its defense of a hostile takeover by Grand Metropolitan, Ltd.

• Defending corporations, and their officers and directors, against shareholder suits arising out of mergers and acquisitions, leveraged buy-outs, and going-private transactions. Examples include:
  • Retek, Inc. Shareholder Litigation
  • International Multifoods, Inc. Shareholder Litigation
  • Land O'Lakes, Inc. Shareholder Litigation

• Defending securities broker-dealers and financial advisors against claims brought by customers involving purchases and sales of stocks, bonds, mutual funds, limited partnerships, option contracts, and commodities futures contracts. Examples include:
  • Representation of a broker-dealer in a class action alleging claims of market timing and late trading
  • Representation of a national brokerage firm in a putative class action brought by investors in a research and development limited partnership
  • Representation of a regional brokerage firm in a federal district court action brought by several disgruntled customers for alleged churning of commodities accounts
  • Representation of a securities broker-dealer who had sold single premium deferred annuities issued by an insurance subsidiary of the Baldwin United Corporation in federal securities class actions and in adversary proceedings before the bankruptcy court

• Representing buyers, sellers, and their financial advisors in disputes arising out of mergers and acquisitions. Examples include:
  • Representation of the buyer in a $120 million acquisition in a dispute involving escrowed funds under the stock purchase agreement
  • Representation of a venture capital firm that was one of the sellers of a hairgoods business in a post-closing suit involving the alleged misrepresentation of projections and other matters
  • Representation of an investment banking firm that had acted as financial advisor to the sellers in a $25 million transaction
  • Representation of an investment banking firm that had rendered a fairness opinion in connection with a transaction

In addition to the foregoing, Wendy has handled shareholder appraisal proceedings, indemnification disputes under corporate by-laws, and litigation between the minority and majority shareholders of closely-held corporations.

Wendy has conducted internal investigations on behalf of audit committees and boards of directors into matters such as accounting irregularities and misappropriation of assets. She also has represented clients in connection with investigations and enforcement actions brought by the Securities and Exchange Commission and the National Association of Securities Dealers, and by state regulatory agencies.

Pro Bono

Honors

Professional Associations

Presentations

• They Have No Class: Strategies for Dealing with Class Action Litigation
  Complex Litigation Seminar, Minneapolis (2010)