Philip Besirof is the Managing Partner of the San Francisco office and a partner in the firm’s Securities Litigation, Enforcement, and White-Collar Criminal Defense Group. He has 17 years of experience in complex civil litigation, with an emphasis on representing companies and their directors and officers in securities class actions, shareholder derivative suits, and regulator inquiries and investigations. He represents clients in a broad range of industries, including computer hardware, consumer products, energy, financial services, gaming, technology, and telecommunications.
Mr. Besirof is among the few lawyers in the country who have defended a securities class action at trial. Contributing to the defense verdict for JDSU and its former executives in a securities class action jury trial seeking $20 billion in damages for alleged securities fraud and insider trading, he played a key role in co-managing overall case strategy and complex discovery issues.
Mr. Besirof is admitted to practice in the United States District Courts for the Central, Eastern, Northern, and Southern Districts of California; and the United States Courts of Appeals for the Ninth and Federal Circuits.
Mr. Besirof received the Undergraduate Research Scholar Award from the University of California, San Diego. At the University of California, Hastings College of the Law, he was elected to the Order of the Coif and the Thurston Society and was associate articles editor of the Law Review.
Mr. Besirof is a member of the board of directors and the audit committee of the San Francisco AIDS Foundation, a nonprofit organization founded in 1982 to provide education and treatment.
Mr. Besirof’s client engagements have led to significant victories. His representative matters include the following:
- In re Zynga Securities Litigation – Represent Zynga Inc. and its directors and officers in a federal securities class action, a state class action, and various derivative actions pending in California and Delaware.
- In re Capital One Derivative Litigation – Represent Capital One and its officers and directors in derivative litigation in the Eastern District of Virginia.
- In re Countrywide Financial Corporation Securities Litigation – Represented former outside directors of Countrywide Financial Corp. in various securities class actions and shareholder derivative actions. Most of these actions have settled, with full releases of our clients, and in none of those cases did the firm’s clients pay any settlement.
- In re First Solar Securities Litigation – Represent First Solar and its directors and officers in a federal securities class action pending in the District of Arizona.
- In re Oracle Securities Derivative Litigation – Represented Oracle Corporation in derivative actions and “books and records” action in state and federal courts in California.
- In re Infineon Securities Litigation – Represented Infineon and its officers in securities class action. Obtained dismissal of 90 percent of class (all foreign shareholders) and settled with remaining 10 percent of the class (U.S. shareholders).
- Obtained a complete jury defense verdict on behalf of JDSU and three former executives in a class action seeking $20 billion for alleged securities fraud and insider trading.
- Successful defense after a bench trial of a retailer in a putative class action alleging breach of Business & Professions Code section 17200 in Alameda County Superior Court.
- Successful representation of the CEO of a public company in an arbitration alleging breach of contract.
- Successful defense of a client in an Internal Revenue Service investigation of the creation and promotion of unlawful tax shelters.
- Defense of a technology company in the Northern District of California alleging software source code misappropriation.
- Representation of a leading medical device manufacturer in Eastern District of California litigation with allegations of trade secret theft.
- Defense of a leading publishing company in Northern District of California trademark infringement litigation.