John D. Pernick

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
• Investigations
• 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

John's is recognized by such top legal guides as Chambers USA, Legal 500, Super Lawyers, and America’s Top 100 Attorneys®. 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.