Pomerantz LLP Files Derivative Lawsuit Against Directors of The Wendy's Company

Pomerantz LLP announces that a derivative lawsuit has been filed on behalf of nominal defendant The Wendy’s Company (“Wendy’s” or the “Company”) against the directors of the Company for Wendy’s failure to join the Fair Food Program (the “FFP”) that its competitors have long since joined. Wendy’s board of directors (the “Board”) has turned a blind eye to human rights abuses by suppliers of tomatoes used in its products. These human rights abuses to farm workers include human trafficking, physical abuse, involuntary confinement, starvation wages, debt bondage, and sexual abuse. By refusing to join the FFP, Wendy’s Board has flouted industry standards and actively undermined the FFP—which has been lauded by the White House, the United Nations, and other non-profits as a successful and innovative model to uncover and prevent modern-day slavery.

Gustavo F. Bruckner, a partner at Pomerantz and head of the firm’s corporate governance department, stated, “It is disgraceful and outrageous that in this day and age, Wendy’s would be complicit with these kinds of reprehensible business practices. It simply shocks the conscience.”

The action was filed in United States District Court, Southern District of New York, and docketed under 16-cv-07789. To discuss this action contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, ext. 9980.