Daniel J. Bergeson

Daniel J. Bergeson: Attorney with Bergeson LLP AV stamp icon
  • Partner at Bergeson LLP (3 Attorneys)
  • 111 N. Market St., Suite 600, San Jose, CA 95113
    View Daniel J. Bergeson's office location
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Attorney Awards


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 and intellectual property litigation. He has extensive experience in defending securities class action and derivative lawsuits. He has conducted numerous investigations on behalf of special litigation committees and audit committees. He has represented officers and directors in internal investigations and SEC interviews. Mr. Bergeson also has represented companies in litigation matters in state and federal courts throughout the United States. In addition, Mr. Bergeson has represented numerous executives regarding complex compensation and benefits issues, including preparation of employment agreements and separation agreements, and litigation through court and 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, and 2019 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 “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 California Star. Mr. Bergeson has received the highest peer review rating for ethical standards and legal ability from Martindale-Hubbell for the past twenty years. He also has been named to the 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 “Northern California Super Lawyers®” list as compiled by Law & Politics.

Mr. Bergeson is the 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).

Areas of Practice (4)

  • Securities Litigation
  • Intellectual Property
  • Commercial Litigation
  • Internal Investigations

Education & Credentials

Contact Information:
888-627-7930  Phone
408-291-6200  Phone
408-297-6000  Fax
University Attended:
The Honors College at Michigan State University, B.A., summa cum laude, Phi Beta Kappa, 1978; Stanford University Graduate School of Business - EPGC, 2012
Law School Attended:
University of Michigan, J.D., 1982
Year of First Admission:
United States Court of Appeal, Second and Ninth Circuit; 2002, District of Columbia; 2003, New York; 1982, California; U.S. Supreme Court
American Bar Association; Santa Clara County Bar Association; San Francisco County Bar Association; State Bar of California; Palo Alto Bar Association; Association of Business Trial Lawyers; American Trial Lawyers Association; New York State Bar Association; District of Columbia Bar.
Reported Cases:
Bucephalus Alternative Energy Group, LLC v. KCR Development, 2009 WL 5179091 (S.D.N.Y. Dec. 23, 2009); Scognamillo, et al., v. Credit Suisse First Boston LLC, et al., Case No. C03-02061, 2005 WL 2045807 (N.D. Cal. Aug. 25, 2005); Schuster v. Gardner, et al., 127 Cal. App. 4th 305 (2005); Friese v. The Superior Court of San Diego County, No. D046348, 2005 WL 3249442 (December 2, 2005); Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125 (9th Cir. 2005); Gaia Offshore Master Fund, Ltd. v. Hawkins, 2004 WL 2496142 (N.D. Cal. Nov. 05, 2004); Gaylinn v. 3Com Corp., 185 F. Supp. 2d 1054 (N.D. Cal. 2000); Securities and Exchange Commission v. Truong, 98 F. Supp. 2d 1086, Fed. Sec.L.Rep. P 90, 955 (N.D. Cal. 2000); In re Worlds of Wonder Securities Litigation, 35 F. 3d 1407 (9th Cir. 1994); Steinhardt Partners, et al. v. Smith Barney, et al., 716 F. Supp. 93 (S.D.N.Y. 1989); In re Worlds of Wonder Securities Litigation, 694 F. Supp. 1427 (N.D. Cal. 1988); In re Valence Technology Securities Litigation, U.S. Dist. LEXIS 21773 (N.D. Cal. 1996); and In re Verbatim Securities Litigation, U.S. Dist. LEXIS 16406 (N.D. Cal. 1985).

Peer Reviews

A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

San Jose, California

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