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John Pernick

Bergeson

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Position: Partner
Rating:
  • Litigation Star
Practice Areas:
Intellectual property
Securities
Commercial
Jurisdictions:
Biography

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 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.

Updated Oct 2025

Recent matter/case highlights
  • Represented venture capital firms and their partners in actions claiming breach of fiduciary duties in connection with portfolio company refinancings.
  • Represented an internet communications technology company in actions brought by the former CEO alleging breaches of fiduciary duty by company directors and officers.

  • Represented a bank Chief Compliance Officer in FDIC and DOJ proceedings and securities actions concerning allegedly fraudulent regulatory filings.
Key practice areas
  • Arbitration
  • Commercial
  • Dispute resolution
  • Intellectual property
  • Securities
Academic qualifications
  • J.D. - University of Michigan Law School - 1991
  • B.A. - Harvard College - 1988
Association/network memberships
  • The Bar Association of San Francisco – Securities Litigation Section, Executive Committee, Member
  • American Bar Association
  • State Bar of California
Bar admissions
  • New York
  • State Bar of California
Address:
111 N. Market Street, Suite 600
San Jose, CA, 95113, United States
Tel:+1 408 291 2253 Email:Contact this practitioner Website:http://www.be-law.com/