John D. Pernick has over twenty years’ experience representing clients ranging from early-stage startups to Fortune 50 corporations in complex business litigation in state and federal courts, including securities and other class actions, shareholder derivative actions, corporate control disputes, as well as general commercial disputes. He also represents companies and individuals in connection with Securities Exchange Commission and other regulatory investigations. Mr. Pernick has been recognized by Chambers USA as a leading lawyer in securities litigation where sources praise his pragmatism, saying that he “understands that for companies there has to be a business purpose behind litigation — it is a means to an end.” In 2019, Mr. Pernick was named by America’s Top 100 Attorneys® as one of the Top 100 Attorneys in Northern California for Bet-the-Company Litigation.
Mr. Pernick has represented technology companies and their officers and directors in securities class actions and derivative actions in federal and state courts. He also has litigated corporate governance, trade secret and other commercial disputes involving companies in the computer software, computer hardware, and alternative energy industries. Mr. Pernick also has conducted investigations for special litigation committees and represented those committees in related litigation. He also advises companies on insurance coverage issues. Mr. Pernick has extensive experience representing investment banks, broker-dealers and other financial institutions and their officers, directors and employees in litigation relating to various types of investment vehicles from public company common stock offerings and offerings of mortgage-backed securities to venture capital and other partnership investments. Mr. Pernick also has represented broker-dealers in FINRA arbitrations and other proceedings. Prior to joining Bergeson, Mr. Pernick was a partner at Bingham McCutchen.
Mr. Pernick was recognized by Chambers USA in 2013 and 2014 as a Leading Lawyer in securities litigation, by Legal 500 and in 2012 and 2013 as a Leading Lawyer in securities litigation and financial institutions litigation. Additionally, he was named to the “Northern California Super Lawyers®” list as compiled by Law & Politics in 2004 as well as 2008 – 2019 for business litigation and securities litigation.
Co-author: The chapter “Getting Underway and Closing the Deal” in the Financial Services Mediation Answer Book (July 2017).
Co-author: “Testing and Attacking Confidential Witness Allegations at an Early Stage,” American Bar Association Section of Litigation, Securities Litigation Winter Newsletter (March 20, 2014).
Co-author: “No Free Lunch: Court Scrutinizes Coughlin Stoia’s Free “Monitoring” of Client Investments,” Bingham.com (June 9, 2009).
Co-author: “Two Federal District Courts in California Dismiss Stock Option Backdating Derivative Actions for Failure to Adequately Plead Demand Futility,” Bingham.com (May 2007).
Author: “Protecting Online Databases: Copyright? We Don’t Need No Stinkin’ Copyright,” Cyberspace Lawyer.
Author: “Viruses, Hackers and Outages: Who Pays?,” Cyber Tech Litigation Report (June 2000).