Daniel J. Bergeson is the founding partner of Bergeson, LLP. He is admitted to practice in all California courts, all of the United States District Courts in California, the United States Court of Appeals for the Ninth Circuit, the United States Supreme Court, the New York State courts, and the District of Columbia courts. Mr. Bergeson’s expertise encompasses all aspects of a business trial practice with an emphasis in securities, commercial, and intellectual property litigation. He has conducted numerous trials in both California and Delaware courts, as well as over 40 investigations on behalf of special litigation committees and audit committees. He has extensive experience in representing officers and directors before the SEC, DOJ, and other government regulatory agencies. Mr. Bergeson has litigated cases in state and federal courts throughout the United States. In addition, Mr. Bergeson has represented numerous executives regarding complex compensation and benefits issues, including the preparation of employment agreements and separation agreements, as well as litigating these issues both in court and through the arbitration process.
Mr. Bergeson is among an elite group selected for inclusion in the 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020 editions of Best Lawyers in America in the specialties of intellectual property law, commercial litigation, and corporate law. He was selected by Best Lawyers as “2020 San Jose Lawyer of the Year for Litigation – Securities” and “2013 San Jose Lawyer of the Year for Litigation – Intellectual Property.” Mr. Bergeson is also consistently listed among Silicon Valley’s Top Attorneys in San Jose Magazine, and has been named as one of the Best Lawyers in the Bay Area by Bay Area Lawyer Magazine. He has been named by Benchmark Litigation as a 2019 and 2020 California Star. He has received the highest peer review rating for ethical standards and legal ability from Martindale-Hubbell for the past twenty years. Mr. Bergeson also has been named to the 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 “Northern California Super Lawyers®” list as compiled by Law & Politics. In addition, this is the third consecutive year that Mr. Bergeson has been selected to America’s Top 100 High Stakes Litigators®.
Mr. Bergeson is the Past President of the Board of Governors of The Association of Business Trial Lawyers (ABTL), Northern California Chapter and has served as Co-Chair of the 2015 Annual Seminar as well as the Co-Chair of its Programs Committee for 2013 and 2014. He also serves as a faculty member for the National Institute for Trial Advocacy’s deposition and trial advocacy programs. Mr. Bergeson has completed the Stanford Graduate School of Business Executive Program for Growing Companies. In addition, Mr. Bergeson has served as a member of the Mediation Panel for the United States District Court, Northern District of California, since 1998. Mr. Bergeson also routinely serves as a neutral with the Alternative Dispute Resolution Program for United States District Court for the Northern District. He has had great success with this program bringing the parties together and achieving a cost-effective and fair resolution to many civil matters involving intellectual property disputes and business litigation. Mr. Bergeson also serves as mediator for actions filed in the Superior Court of California, County of Santa Clara.
Mr. Bergeson has served as an expert in a bench trial in the Superior Court of California, County of Santa Barbara. The California court determined that Mr. Bergeson was an expert with respect to the standard of care of directors and majority shareholders and the breach of those fiduciary duties. During the trial, Mr. Bergeson provided his expert opinion on topics including the standard care of a corporate director and majority shareholder of a California corporation, legal duties, and breach of such duties by directors and/or majority shareholders. Mr. Bergeson also served as an expert in a JAMS arbitration in New York where he provided expert testimony regarding employment and consulting practices in Silicon Valley.
Mr. Bergeson is the co-founder of Ascolta Ventures, LLC an early stage venture capital firm, which he co-founded with Michael Abbott, formerly a senior partner with Kleiner Perkins Caulfield & Byers. Mr. Bergeson was also a co-founder of ASI, an early stage venture capital firm, which he co-founded with Al Shugart, the co-founder and former Chief Executive Officer of Seagate Technology and member of the Computer Museum Hall of Fame. Mr. Bergeson is also on the Board of Advisors of DOOR, a company focused on solving various housing problems through non-linear housing equity vehicles. Further, he serves on University of Michigan Law’s Development and Alumni Relations Committee (DARC).
Kerrigan Capital, LLC, et al v. David Strohm, et al., No. CIV 534431, San Mateo County Superior Court
The Firm represents several venture funds in a case filed on behalf of a proposed class of common shareholders of a company, alleging claims of breach of fiduciary duty and aiding and abetting breaches of fiduciary duty arising out of the company’s financing rounds.