Known for delivering favorable outcomes in complex securities, venture capital, and business litigation, Caroline McIntyre leverages her trial skills to protect clients' interests and resolve disputes efficiently. Her recent trial achievements include securing a jury verdict for damages and attorney's fees for the purchaser of a high-tech company in a sharply contested retrial involving breach of contract claims.
Caroline represents numerous Silicon Valley and Bay Area technology and financial industry clients—directors, officers, and companies—in high-stakes individual, derivative, and class action litigation and trials. She has led Bergeson, LLP as Managing Partner since 2003.
In securities litigation, Caroline's effective defense and strategies address the upfront battles and unique issues in these cases. She acts to resolve disputes early when possible, from knocking out claims of breach of fiduciary duty and other allegations to lowering damage claims, targeting discovery, and defending depositions.
Trial Power in Complex Business Litigation and Investigations
Experienced in state and federal court in civil bench and jury trials and appeals, Caroline manages a range of complex commercial disputes, as well as internal and external investigations, for publicly traded and private clients, including:
Typical of Caroline's representations is her ongoing defense of two venture capital firms facing allegations of breach of fiduciary duty and abetting breach of fiduciary duty in a matter in the San Francisco County Superior Court. For another client, a distributor of petroleum products, Caroline has protected its interests in multiple disputes with station operators. One pending U.S. District Court action involves interpretation of the Treaty of 1855 between the Yakama Nation and the United States as it relates to California fuel excise and sales taxes.
Bay Area Legal Leader
An alumna of Vassar College and University of Notre Dame Law School, Caroline is a recognized leader in prominent professional organizations. She is a Fellow in the Litigation Counsel of America Trial Lawyer Honor Society and a past President and current Executive Committee Member of The Honorable William A. Ingram American Inn of Court.
Caroline serves on the Standing Committee on Professional Conduct of the U.S. District Court for the Northern District of California. She has been recognized by “Northern California Super Lawyers®” for more than a decade.
A recipient of the prestigious Burton Award for Legal Achievement for writing, Caroline writes a column for the Northern California Association of Business Trial Lawyers (ABTL) Report on trial and litigation skills. Her out-of-the office activity reflects a lifelong interest in music. Caroline plays French horn with the San Jose Wind Symphony, where she also serves as President of its Board of Directors.
Breach of Fiduciary Duty and Securities Litigation
Breach of Contract and Fraud Complex Litigation and Trials
Caroline's representative counsel in investigations includes:
Author: “Cause of Action Checklist: Intentional Interference with Contractual Relations,” Practitioner, Continuing Education of the Bar (CEB), November 5, 2020.
Author: “On Litigation Column,” Addressing Best Practices For Remote Civil Litigation, Northern California Association of Business Trial Lawyers (ABTL) Report, Vol.27, No.3, Fall 2020.
Author: “If At First You Don’t Succeed, Trial, Trial Again,” On Litigation Skills Column, Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 26, No. 3, Summer 2019.
Author: “On Litigation Skills Column,” Addressing Litigation Planning, Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 25, No. 3, Winter 2017.
Author: “Using Experts Effectively In Litigation,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 24, No. 3, Spring 2016.
Author: “On Litigation Skills Column” Addressing Use of Interpreters, Northern California Association of Business Trial Lawyers (ABTL) Report Report, Vol. 24, No. 1, Summer 2015.
Author: “Navigating Post-Trial Motions in State and Federal Court,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 19, No. 3, Summer 2010.
Author: “Motions To Stay: Fifth Amendment Rights v. Civil Discovery,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 15, No. 1, Fall 2005.
Ms. McIntyre is a recipient of the prestigious 2006 Burton Awards for Legal Achievement for her article, “Motions to Stay: Fifth Amendment Rights v. Civil Discovery.” The awards honor 30 of the nation’s best legal writers who use plain, clear, and concise language.
Co-Author: “Parate v. Isidor: Resolving the Conflict Between the Academic Freedom of the University and the Academic Freedom of the Professor,” Journal of College and University Law, 1990.
Ms. McIntyre was a Staff Member, 1989-1990, and Assistant Lead Articles Editor, 1990-1991, Journal of College and University Law.