Daniel Robert Gherardi

Associate

Silicon Valley
daniel.gherardi@lw.com
+1.650.470.4941

PRACTICES

  • Complex Commercial Litigation
  • Intellectual Property Litigation
  • Litigation & Trial
  • Securities Litigation & Professional Liability

BAR QUALIFICATIONS

  • California

EDUCATION

  • J.D., University of Southern California Law School, 2017
  • BS, Political Science, Italian, International Studies, Santa Clara University, 2014
    Phi Beta Kappa

LANGUAGES SPOKEN

  • English
  • Italian

PROFILE

Daniel Gherardi is a senior litigation and trial associate in the Bay Area offices of Latham & Watkins.

Daniel represents public and private companies, officers, and directors in securities and commercial litigation, specifically in:

  • Securities class actions
  • Shareholder derivative litigation
  • Contract disputes
  • Other complex, high-stakes litigation
  • Intellectual property litigation

Daniel has an active pro bono practice. He has successfully represented veterans in obtaining service-related injury benefits and discharge status upgrades, immigrants in obtaining asylum, and an individual in a wrongful conviction case.

While in law school, Daniel served as senior submissions editor of the Southern California Law Review and worked as a judicial extern for Chief Judge Morrison C. England, Jr. of the Eastern District of California.

Daniel currently represents or has recently represented several global companies and their directors and officers in state and federal securities class actions, derivative lawsuits, merger disputes, shareholder demands, and government investigations and inquiries. These companies span numerous industries, including medical devices, energy, biotechnology, consumer electronics, pharmaceuticals, social media, SaaS, and technology. He also has experience representing technology companies in consumer class actions, appeals, and internal investigations.

EXPERIENCE

Daniel’s experience includes:

  • Meta Platforms: Secured dismissal on behalf of Meta Platforms and members of its board of directors in a shareholder derivative action asserting claims that the company has failed to achieve diversity amongst its Board and senior executive leadership
  • Atlassian Corp.: Secured dismissal with prejudice of securities fraud claims against a SaaS company that followed a revision of forward-looking guidance
  • Eargo, Inc.: Secured dismissal with prejudice of a securities lawsuit against hearing device company, Eargo, that followed a settlement with the DOJ related to insurance claim submissions
  • NortonLifeLock Inc.: Secured dismissal on behalf of NortonLifeLock and members of its board of directors in a shareholder derivative action asserting claims that the company failed to achieve sufficient diversity among the Board and senior executive leadership
  • Peloton Interactive, Inc.: Representing Peloton in a shareholder class action and derivative litigation involving claims regarding the company’s Tread+ product
  • Skillz Inc.: Successfully represented Skillz and its officers and directors in obtaining dismissal (affirmed on appeal) of a deSPAC-related securities class action which was filed following a deSPAC merger and two short sellers' reports
  • Restoration Robotics: Successfully represented Restoration Robotics and its directors and officers in a series of securities lawsuits in state and federal court, including the first decision outside Delaware enforcing federal forum selection provisions in IPO-related securities litigation
  • Successfully obtained first-round dismissal with prejudice of a federal securities lawsuit against a major technology company and its executive officers and directors related to executive compensation
  • Enphase Energy: Successfully obtained first-round dismissal with prejudice for Enphase Energy and its officers and directors in a securities class action and related derivative actions involving alleged improper accounting practices
  • PolarityTE: Successfully represented a medical technology company in a securities fraud class action, obtaining first-round dismissal with prejudice
  • Extreme Networks: Representing Extreme Networks and its officers in a securities fraud class action related to customer demand and lowered forward-looking guidance
  • Fastly, Inc.: Representing Fastly and its officers and directors in a securities class action and derivative lawsuits related to lowered revenue projections