John Gildersleeve represents companies, boards of directors, and senior officers in securities class actions, shareholder derivative actions, and other corporate governance disputes.
Mr. Gildersleeve has argued and won multiple appeals affirming dismissals of shareholder litigation in both federal and state courts of appeals, including the Delaware Supreme Court. He is ranked by Chambers USA among California’s leading securities litigators.
Mr. Gildersleeve served as a law clerk to the Honorable Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York.
Mr. Gildersleeve earned his J.D. from Columbia Law School, where he was the Executive Notes Editor of the Columbia Law Review. He graduated from Columbia University, where he majored in history and was awarded the Garrett Mattingly Thesis Prize.
Experience
Mr. Gildersleeve’s recent representations include:
Securities Class Actions
- Intel Corporation – won dismissal of a securities class action against Intel premised on delays in its next-generation semiconductor technology, and successfully defended the dismissal on appeal.
- Berkeley Lights – won dismissal of a securities class action against the pathbreaking biotherapeutics company, following a critical short-seller report.
- Edison International – won dismissal of a securities class action against Edison International arising from Southern California wildfires, and successfully defended the dismissal on appeal. The result was recognized by the Daily Journal as a “Top Verdict” for 2021.
- Edison International – won dismissal of separate securities class actions and ERISA stock-drop class actions relating to the retirement of the San Onofre Nuclear Generating Station, and successfully defended both dismissals on appeal.
Shareholder Derivative Actions
- Skechers U.S.A. – won dismissal of breach of fiduciary duty and related claims against Skechers directors and officers relating to executive compensation, and successfully defended the dismissal on appeal.
- Intel Corporation – won dismissal of breach of fiduciary duty claims against Intel directors and officers arising from disclosure of alleged vulnerabilities in Intel processors, and successfully defended the dismissal on appeal.
- Edison International – won dismissal of breach of fiduciary duty claims against Edison International directors and officers arising from Southern California wildfires.
- NetSuite – won dismissal of claims alleging that NetSuite founder aided and abetted breaches of fiduciary duty in connection with Oracle’s acquisition of NetSuite.
Corporate Governance Litigation
- Berkshire Hathaway – defended Berkshire Hathaway in expedited litigation in the Delaware Court of Chancery involving billion-dollar accounting-related claims by Pilot Corporation, resulting in a settlement on the eve of trial in which Berkshire acquired 100% of Pilot Travel Centers.
- DoubleLine Capital – won a complete defense award for DoubleLine Capital and its CEO Jeffrey Gundlach following a multi-week hearing in a JAMS arbitration brought by former partners, as well as victory on counterclaims significantly reducing the value of the partners’ outstanding equity.
- Rent-A-Center – won an expedited trial in the Delaware Court of Chancery confirming Rent-A-Center’s right to terminate a proposed merger, followed by a settlement enabling Rent-A-Center to collect a $92.5 million termination fee.
Complex Civil Litigation
- MGM Resorts International – represented the company in multijurisdictional civil litigation arising from the 2017 mass shooting at the Route 91 Harvest Festival, resulting in global settlement of plaintiffs’ claims before discovery commenced.
- Defense contractor – obtained termination of a SEC investigation on behalf of CEO of defense contractor following staff recommendation to file claims.
- Bank executive – obtained termination of a SEC investigation on behalf of a bank’s general counsel following staff recommendation to file claims.
- Life Is Beautiful – won summary judgment for the music festival in a trademark and copyright lawsuit, and successfully defended the judgment on appeal.
- Bank of America – obtained favorable settlement of multijurisdictional litigation arising from collapse of a $1.75 billion mortgage-backed commercial paper facility.
Thought Leadership
Publications
- Co-author, “Supreme Court Cabins Scope of Rule 10b-5(b) Liability for Omissions,” Reuters, Westlaw Today, May 20, 2024
Speaking Engagements
- Speaker, West Coast Securities Litigation ABA Regional CLE Program, May 5, 2023
Education
-
Columbia Law School (J.D., 2008)
-
Columbia University (B.A., 2004)
Clerkships
- Alvin K. Hellerstein, U.S. District Court, Southern District of New York, 2008-2009
Bar Admissions
- California
- New York
Experience
Mr. Gildersleeve’s recent representations include:
Securities Class Actions
- Intel Corporation – won dismissal of a securities class action against Intel premised on delays in its next-generation semiconductor technology, and successfully defended the dismissal on appeal.
- Berkeley Lights – won dismissal of a securities class action against the pathbreaking biotherapeutics company, following a critical short-seller report.
- Edison International – won dismissal of a securities class action against Edison International arising from Southern California wildfires, and successfully defended the dismissal on appeal. The result was recognized by the Daily Journal as a “Top Verdict” for 2021.
- Edison International – won dismissal of separate securities class actions and ERISA stock-drop class actions relating to the retirement of the San Onofre Nuclear Generating Station, and successfully defended both dismissals on appeal.
Shareholder Derivative Actions
- Skechers U.S.A. – won dismissal of breach of fiduciary duty and related claims against Skechers directors and officers relating to executive compensation, and successfully defended the dismissal on appeal.
- Intel Corporation – won dismissal of breach of fiduciary duty claims against Intel directors and officers arising from disclosure of alleged vulnerabilities in Intel processors, and successfully defended the dismissal on appeal.
- Edison International – won dismissal of breach of fiduciary duty claims against Edison International directors and officers arising from Southern California wildfires.
- NetSuite – won dismissal of claims alleging that NetSuite founder aided and abetted breaches of fiduciary duty in connection with Oracle’s acquisition of NetSuite.
Corporate Governance Litigation
- Berkshire Hathaway – defended Berkshire Hathaway in expedited litigation in the Delaware Court of Chancery involving billion-dollar accounting-related claims by Pilot Corporation, resulting in a settlement on the eve of trial in which Berkshire acquired 100% of Pilot Travel Centers.
- DoubleLine Capital – won a complete defense award for DoubleLine Capital and its CEO Jeffrey Gundlach following a multi-week hearing in a JAMS arbitration brought by former partners, as well as victory on counterclaims significantly reducing the value of the partners’ outstanding equity.
- Rent-A-Center – won an expedited trial in the Delaware Court of Chancery confirming Rent-A-Center’s right to terminate a proposed merger, followed by a settlement enabling Rent-A-Center to collect a $92.5 million termination fee.
Complex Civil Litigation
- MGM Resorts International – represented the company in multijurisdictional civil litigation arising from the 2017 mass shooting at the Route 91 Harvest Festival, resulting in global settlement of plaintiffs’ claims before discovery commenced.
- Defense contractor – obtained termination of a SEC investigation on behalf of CEO of defense contractor following staff recommendation to file claims.
- Bank executive – obtained termination of a SEC investigation on behalf of a bank’s general counsel following staff recommendation to file claims.
- Life Is Beautiful – won summary judgment for the music festival in a trademark and copyright lawsuit, and successfully defended the judgment on appeal.
- Bank of America – obtained favorable settlement of multijurisdictional litigation arising from collapse of a $1.75 billion mortgage-backed commercial paper facility.
News
Thought Leadership
Publications
- Co-author, “Supreme Court Cabins Scope of Rule 10b-5(b) Liability for Omissions,” Reuters, Westlaw Today, May 20, 2024
Speaking Engagements
- Speaker, West Coast Securities Litigation ABA Regional CLE Program, May 5, 2023
Practice Areas
Education
-
Columbia Law School (J.D., 2008)
-
Columbia University (B.A., 2004)
Clerkships
- Alvin K. Hellerstein, U.S. District Court, Southern District of New York, 2008-2009
Bar Admissions
- California
- New York