Overview
John Berry is a former senior SEC official and an experienced litigator with over 25 years of experience in both government and private practice.
He focuses on white collar defense and investigations, internal investigations and securities-related and other high stakes commercial litigation, including bankruptcy litigation.
Before joining Munger Tolles, John served almost 10 years in the SEC’s Enforcement Division, co-supervising the enforcement staff in the SEC’s Los Angeles regional office and, before that, supervising the office’s trial unit.
During his career at the SEC and in private practice, John first chaired a $130 million insider trading jury trial to verdict, litigated 26 cases to summary judgment and argued more than 45 dispositive motions and appeals in federal and state trial and appellate courts. He has also represented companies or boards in 14 internal investigations.
John is ranked by Chambers USA 2024 and 2025 USA Guides in White Collar Crime and Government Investigations Litigation and in the peer reviewed The Best Lawyers in America 2024, 2025 and 2026 editions for his white-collar securities defense work, which features the top 5-6% of lawyers in the nation across 150 practice areas. In 2024, Securities Docket named John to their “Enforcement Elite” list of the best securities enforcement defense counsel.
In his free time, John enjoys skiing and golf.
Capabilities
Industries
Experience
White Collar Defense and Investigations
John has extensive experience advising companies, C-level officers and investment advisers in SEC and related government investigations and has represented companies and boards in 14 internal investigations.
Key representations include:
View, Inc., a SPAC-formed public company, in an internal investigation and parallel SEC/DOJ investigations where the company’s financial statements were restated, securing a non-scienter, no-penalty settlement with the SEC and no action by the DOJ.
Investment advisory firm in an internal investigation of trading and allocation practices, in parallel with SEC and DOJ investigations of alleged cherry-picking by the firm’s CIO.
Fortune 500 large infrastructure construction company in an internal investigation and an SEC investigation where the company’s financial statements were restated, securing a favorable settlement for the company (where no charges were brought by the SEC against its former CEO or CFO).
Fortune 100 technology company in an SEC investigation of statements made by the company’s former CFO in connection with an earnings release, convincing the SEC to terminate the investigation.
Former CEO of a battery technology company, securing a negligence-only settlement in an SEC investigation where the SEC alleged the CEO’s company had misstated its projections, having reduced its earnings projections by 70% just three months after going public through a de-SPAC transaction.
Former associate of a leading short seller in an SEC investigation, securing reduced monetary sanctions and a negligence-only settlement where the short seller was ultimately indicted by the DOJ and charged with fraud by the SEC.
Fortune 100 technology company in the SEC’s investigation of the 2020 SolarWinds cyberattack, convincing the SEC to terminate its investigation.
Entrepreneur in an SEC investigation of a capital raise for a solar-powered data center for crypto mining, convincing the SEC to terminate the investigation despite a prior arbitral ruling finding that the client had engaged in fraud.
Investment advisor and advisory firm in an SEC investigation, securing minimal penalties and no industry bar for the advisor and his firm accused by the SEC of issuing misleading disclosures about the firm’s fee structure.
Shareholder and Complex Commercial Litigation
John has over two decades of experience representing companies in securities litigation and complex business litigation.
Key representations include:
View, Inc. in a securities class action that was brought in connection with the SEC and DOJ investigations of the company’s restatements, securing a full dismissal of the action at the motion to dismiss stage. The American Lawyer recognized the case and John in its Litigator of the Week. The settlement of this case has recently been preliminarily approved by the court.
Fortune 100 technology company, securing a voluntary dismissal of a shareholder action challenging the accuracy and completeness of the company’s proxy disclosures regarding its executive compensation.
Google LLC as the largest creditor in the bankruptcy of Anthony Levandowski, and as intervenor in Mr. Levandowski’s related adversary proceeding against Uber Technologies, Inc.
Berkshire Hathaway, Inc. in bankruptcy proceedings involving a wholly owned set of subsidiaries, In re Whittaker, Clark & Daniels, Inc. et al., Case No. 23-13575 (Bankr. D.N.J.)
Former CEO and CFO of a California-based public company, securing dismissal of a wide-ranging securities fraud litigation alleging a wide-ranging fraud; the amended complaint is currently subject to a pending motion to dismiss.
The world’s fifth largest steelmaker in a successful defense to an antitrust case.
Large private equity and investment firms in securing more than $100 million in judgments against project owners and mezzanine borrowers on two hotel projects in Chicago and Miami and in securing receivership order due to $55 million loan default.
Creditor committees in In re Loral Space and Comms. Inc., In re Lyondell Chemical Corp., In re Tribune Co., In re Worldcom, Inc. and In re Anchor Glass Container Corp.
U.S. Securities and Exchange Commission, Enforcement Division, 2011-2019
While at the SEC, John served as associate regional director for the SEC’s Los Angeles office. In that role, John oversaw the office’s enforcement investigations and litigation and supervised over 100 investigations that led to more than 40 litigated or settled cases. Previously, he served as regional trial counsel in the SEC’s Los Angeles office, where he managed the office’s senior trial counsel and oversaw all of the office’s litigated cases.
John personally litigated or supervised almost 100 contested SEC enforcement actions in federal district court or in administrative proceedings. This included first chairing a $130 million insider trading jury trial; overseeing the SEC’s largest insider trading in 2017, where over $80 million in illicit profits of Chinese traders were frozen; and overseeing the SEC’s October 2018 guidance about public companies’ obligations to take cyber threats into account when crafting their internal controls.
More
- Chambers USA, White Collar Crime and Government Investigations Litigation, 2024-2025
- “Enforcement Elite” list, best securities enforcement defense counsel, Securities Docket, 2024
- Litigator of the Week for securing the complete dismissal of a securities class action against “smart window” manufacturer, View, Inc., The American Lawyer, April 2024
- The Best Lawyers in America, white-collar securities defense, 2024-2026
- Trustee, Board of Trustees for Hollywood Schoolhouse
Publications
- Quoted, “SEC Biggest Whistleblower Penalty Signals Broad Protection Focus,” Bloomberg Law, Jan. 17, 2024
- Quoted, “SEC Fines Raked in Record $6.4 Billion, But Cases Still Down From 2021,” BoardIQ, Nov. 22, 2022
- Author, “SEC May Keep Its Disgorgement Remedy,” Daily Journal, March 2020
- Co-author, “The SEC May Lose Again in the Supreme Court in Liu v. SEC,” The Recorder, March 2020
- Author, “SEC Faces Several Hurdles In Telegram ICO Case,” Law360, February 2020
- Co-author, “Planning for CCPA Compliance With Shifting Timelines,” Daily Journal, October 2019
- Author, chapter, “SEC Investigations,” The General Counsel’s Guide to Government Investigations(publication of Government Investigations & Civil Litigation Institute) (ed. 1.0, 2.0, 3.0 (2017, 2018, 2019))
Speaking Engagements
- Panelist, Moderator, “Masterclass: Pre-SEC Litigation—Testimony, Subpoenas, the Wells Process, Cooperation, and Settlements,” Securities Enforcement Forum West, May 2025
- Panelist, “Responding to Government Investigations,” Los Angeles County Bar Association’s (LACBA) 55th Annual Securities Regulation Seminar, October 2024
- Panelist, “SEC Practice—Developments in Administrative Proceedings, Trials, Testimony, Wells Process, Settlements and More,” Securities Enforcement Forum West, May 2024
- Moderator, “Masterclass: How to Keep the SEC From Suing Your Client,” Securities Enforcement Forum West, May 2023
- Moderator, speaker, West Coast Securities Litigation Regional CLE Program, May 2023
- Moderator, “Litigating Enforcement Actions,” Los Angeles County Bar Association, 54th Annual Securities Regulation Seminar, October 2022
- Moderator, “Insider Trading 360°– Enforcement Trends and Key Cases, Prosecutions and Legislation,” Securities Enforcement Forum West, May 2022
- Panelist, “Digital Asset, Crypto, and Cyber Priorities,” Los Angeles County Bar Association, 54th Annual Securities Regulation Seminar, October 2021
- Panelist, “Cryptocurrency Regulation, Enforcement and Litigation,” Securities Enforcement Forum West, May 2021
- Panelist, “The SEC’s Focus on Cybersecurity – Disclosure, Enforcement and Key Guidance for 2020,” Securities Enforcement Forum West, May 2020
