Daniel J. Bergeson - Bergeson, LLP

Daniel J. Bergeson

Listed in Best Lawyers since 2008
Phone: 408-291-6200

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 and 2017 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. 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, and 2016 “Northern California Super Lawyers®” list as compiled by Law & Politics.

Mr. Bergeson is the Secretary 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, a 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.

Michigan State UniversityBA 1978University of Michigan Law SchoolJ.D. 1982

Client Comments

"I have had the privilege of working with Daniel for about seven years. Daniel has served as my personal attorney, and our corporate attorney at Pillar. Additionally, while I was on the BOD at Komag Corporation, we utilized Dan under certain circumstances in which very large law firms proved ineffective. My experiences with Dan have always been extremely positive. A consummate professional, Dan is incisive, articulate, very knowledgeable about current law, and a litigator. Dan's advice has always proved to be sound, practical, and honed to a nice edge brought about by the application of the law as opposed to reading it. Billing has always been very fair, and issues were addressed fully and completely with Dan without a single problem. Truthfully, I could not give a professional of any type a higher recommendation than I give Daniel. Recommended to me by Al Shugart as a personal attorney, I have to say this was some of the best advice that I ever have received. Dan and his team have never let me down and we have been through a number of cases together. I look forward to working with him in the future - on opportunities rather than "battles!" "

-Michael Workman
CEO and Chairman
Pillar Data Systems

"Dan is someone who gives lawyers a good name. He is highly effective, combining keen legal analysis and effective advocacy. He has the ability to sort through complicated fact patterns and put his finger on the key issues. Dan has tremendous people skills and connections leverage these to his clients' advantage. He enjoys considerable stature and respect among the legal and Silicon Valley leadership community, built up after decades of consistent practice. Dan and his firm are my first choice for litigation - not just at the last two companies I ran, but also for personal legal matters (when I am paying out of pocket). "

-Richard Char
SVP and General Counsel
Blackhawk Network

"Dan's firm has provided excellent service for our company since 2001. Regardless of the problem, his team negotiates their way through a "best-fit" solution to mitigate legal trials and financial penalties. They collaboratively work with their clients to analyze the situations rather then lecture. Their responsiveness is a rare find amongst law firms. If you call his mobile phone and you will receive a call back from Dan or one of his team members within minutes! Weekends are no exception. E-mails are responded to rapidly as well. Dan leads his law firm with the utmost professionalism, unequaled dedication, and customer-focused legal counsel. "

-Nancy Holleran
President and COO
Pillar Data Systems

Office Location

2033 Gateway Place, Suite 300
San Jose, CA 95110
United States

Lawyer of the Year Awards

2013 Lawyer of the Year in Litigation - Intellectual Property of the San Jose Metro Area
Daniel J. Bergeson has earned a Lawyer of the Year award for 2013!

Practice Areas

Commercial Litigation
Corporate Law (Intellectual Property, Securities)
Litigation - Intellectual Property
Litigation - Labor and Employment
Litigation - Securities

Other Information

Gender: Male