Business Law , Litigation
When business partnerships, startups, and investment funds are in the throes of intra-company disputes or face claims of wrongdoing, business litigator John D. Pernick guides companies and their founders, directors, executives, and investors toward resolutions that serve their overall interests, be it through negotiation or litigation. He also represents companies and individuals in complex state and federal litigation matters and in connection with investigations by the Securities Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), U.S. Department of Justice (DOJ), and other regulatory agencies and authorities.
Business Breakups and Complex Disputes
John has more than 25 years of experience representing a range of clients, from Silicon Valley and Bay Area startups to Fortune 50 corporations, in complex business litigation in state and federal courts.
John leverages his background in corporate governance and corporate control fights to add expediency and efficiency to the litigation process. He aims to lessen the burden and disruption of litigation for emerging and growth companies while still obtaining optimal results. John’s practice scope includes:
• Breach of contract and breach of fiduciary duty claims
• Complex commercial litigation
• Corporate control disputes
• Defective product claims
• Founder disputes
• Insurance coverage claims
• Securities litigation and class actions
• Shareholder derivative actions
• Supplier disputes
• Trade secrets and confidentiality agreements
Attuned to Silicon Valley Business Economics
John’s clients include a cross-section of Silicon Valley’s technology, software, and financial companies as well as manufacturers, online retailers and participants in emerging industries, such as cryptocurrency and cannabis.
In building a client’s case, John digs deep into underlying business issues. He examines what should have happened to make the business prosper and actions, governance practices, and structural deficiencies that led to the dispute.
His representative experience includes defending venture capital firms and their partners in actions claiming breach of fiduciary duties in connection with portfolio company refinancings. He has also led tech company CEOs in company and shareholder disputes, and he has steered Chief Compliance Officers in proceedings before the DOJ, Federal Deposit Insurance Corporation, and other agencies.
Leadership in Business Litigation and Trials
Recognized by such top legal guides as Chambers USA, Legal 500, Super Lawyers, and America’s Top 100 Attorneys®, John serves on the Board of Governors of the Association of Business Trial Lawyers, Northern California Chapter. In addition, he is a member of the Executive Committee of the Securities Litigation Section of The Bar Association of San Francisco.
Out of the office, John is an accomplished competitive sailor who was a member of the crew that won the 2017 J/111 World Championship and 2018 J/111 North American Championship titles.
Bergeson, LLP is one of Silicon Valley’s leading litigation law firms. Founded in 1990, the firm has established a reputation for representing individuals and companies in high-profile and high-stakes litigation throughout the country. Bergeson, LLP’s practice encompasses all aspects of business litigation, with an emphasis in the areas of intellectual property (patent, copyright, trade secrets, and trademark), securities and derivative litigation, commercial litigation, media law, employment law, as well as counseling clients and companies on how best to address legal issues and to minimize future litigation. In addition, the Firm has extensive experience conducting internal investigations on behalf of audit committees and special litigation committees for public and privately held companies.
Consistently hailed as a Go-To Law Firm® in Fortune Magazine’s Directory of In-House Law Departments at the Top 500 Companies, and armed with attorneys honored as Best Lawyers in America® and Northern California Super Lawyers®, Bergeson, LLP prides itself on providing outstanding, result-oriented service in an efficient and cost-effective manner. The Firm’s small firm environment allows its attorneys to provide close personal attention to the needs of its clients and devise an effective, pre-trial strategy. Bergeson, LLP’s attorneys have extensive trial experience, having collectively tried more than 100 cases before federal and state court judges, juries, and arbitrators. At the start of each case, the Firm assigns a trial team to efficiently and strategically litigate the matter through its conclusion with trial strategy in mind every step of the way. The Firm’s impressive trial experience also provides powerful leverage for settlement.
Bergeson, LLP offers exceptional legal talent. The Firm’s attorneys graduated from top law schools, and many of the attorneys practiced with the largest and most prestigious law firms in the country prior to joining the Firm. They have wide-ranging experience practicing in state and federal courts throughout California and the western United States. Their expertise encompasses a vast range of substantive areas, and includes extensive bench trial, jury trial, appellate, and arbitration experience. In addition, the Firm’s attorneys are proven leaders, with several of its attorneys serving as members of Boards of Directors and Executive Committees of leading legal and community organizations.