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 cases in more than 40 federal and state courts across the country, and more than 70 class actions.  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 has been lead counsel in the following types of contested matters:

• Defending corporations and their officers and directors in securities class actions arising out of IPOs or other public offerings, or involving allegations of fraud-on-the-market.  Examples include:

               Capella Education Company Securities Litigation
               Motion to dismiss pending.

               Compellent Technologies, Inc. Securities Litigation 
               Motion to dismiss granted at 2011 U.S. Dist. LEXIS 84621 (Aug. 1, 2011)

               Daktronics, Inc. Securities Litigation 
               Motion to dismiss granted at 2010 U.S. Dist. LEXIS 56778 July 13, 2010)

               Hutchinson Technology Incorporated Securities Litigation
               Motion to dismiss granted, affirmed at 536 F.3d 952 (8^th Cir. 2008)

               BUCA, Inc. Securities Litigation 
               Motions to dismiss granted at 2006 U.S. Dist. LEXIS 75224 
               (Oct. 16, 2006) and 2007 U.S. Dist. LEXIS 664318 (Aug. 30, 2007)

               Gander Mountain Company Securities Litigation 
               Motion to dismiss granted at 2006 WL 140670 (Jan. 17, 2006)

               Rural Cellular Corporation Securities Litigation 
               Motion to dismiss granted at 2004 WL 1278725 (June 6, 2000)

               Digi International Inc. Securities Litigation 
               Motions for summary judgment granted, affirmed at 2001 U.S. App. 
               LEXIS 15095 (8^th Cir. 2001)

• Defending corporations and their officers and directors in derivative litigation involving executive compensation, accounting restatements, the Foreign Corporate Practices Act, usurpation of corporate opportunity, corporate governance activities, takeover defense measures, and general mismanagement.    
• Defending corporations and their officers and directors against shareholder suits arising out of mergers and acquisitions, leveraged buy-outs, and going-private transactions in Delaware Chancery Court, Minnesota state court, and the federal courts.
• Defending corporations and their officers and directors in proxy statement litigation brought by shareholders.
• Defending officers and directors of privately-held corporations against claims for breach of fiduciary duty.  For a recent example, Wendy obtained summary judgment for a director and his affiliates in a shareholder class action alleging that the director had breached his fiduciary duties in connection with the corporation's surrender of all of its assets in exchange for satisfaction of certain secured loans.
• Defending securities broker-dealers and financial advisors against class actions 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 national class action alleging 
               claims of market timing and late trading.

               Representation of an insurance company whose brokerage 
               business was alleged to have violated the federal securities laws 
               in connection with disclosures about the funds that it was offering 
               to participants in 401K plans.

• Representing buyers, sellers, and their financial advisors in disputes arising out of the purchase or sale of a business.  The disputes have involved post-closing adjustments to the balance sheet; escrowed funds; post-closing indemnification; the scope and impact of representations and warranties; earn-out provisions; shareholder appraisal proceedings; and alleged fraudulent transfers.  Current examples include:

               Representation of the seller in a fraudulent transfer action in 
               Delaware Bankruptcy Court seeking return of $1.2 billion.

               Representation of the buyer in an AAA arbitration proceeding over the 
               buyer's alleged failure to pay royalties under an earn-out provision.

• Conducting internal investigations on behalf of audit committees and boards of directors into accounting irregularities, misappropriation of assets, officer misconduct, and executive compensation, among other things.
• Representing corporations, and/or their officers and directors, in investigations and enforcement actions brought by the Securities and Exchange Commission and FINRA.
• Representing securities broker-dealers and other licensees in investigations and enforcement actions brought by FINRA and by state regulatory agencies.

Pro Bono

Honors

• Minneapolis Best Lawyers. Litigation - Securities Lawyer of the Year, 2012
• The Best Lawyers in America, Commercial Litigation, 2004–12
• Chambers USA: America's Leading Lawyers for Business, Litigation: General Commercial, 2004–12
• Super Lawyers, Business Litigation, 2003–11
• Super Lawyers Top 25 Commercial Litigation Lawyers in Minnesota, 2009 

Professional Associations

Presentations

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