Today, Judge Forrest dismissed a putative securities fraud class action against yoga apparel company Lululemon and, as has come to be a regular practice, provided a draft of the opinion to counsel before issuing the final order. As she did last week, Judge Forrest provided the draft the morning before a scheduled court conference and invited comment from the parties. Unlike past instances, the final order on Lululemon’s motion to dismiss differs somewhat substantially from the draft order. Notably, the draft order ran to 39 pages, while the final opinion is 54 pages long. A comparison of the draft and final opinions does not reveal whether most of the changes were the result of input from counsel or were simply revisions made by the Court.
Continue Reading Another Dismissal — and Draft Opinion — by Judge Forrest in Lululemon Case

In a motion filed on Wednesday, “yoga-inspired athletic apparel company” Lululemon asked Judge Forrest to dismiss a securities fraud claim brought against the company and its CEO.  In the complaint, a putative class of Lululemon shareholders alleged that the company hid internal turmoil and quality control issues that had led to a recall of