Mark P. DiPerna focuses his practice on white collar and securities litigation, derivative litigation, SEC investigations, mutual fund litigation and other complex commercial litigation.
Mr. DiPerna has broad experience representing leading businesses in the financial services, mutual fund, hedge fund and technology industries, including:
- Currently representing OppenheimerFunds, Inc., and its senior officers and directors, in multi-billion dollar MDL proceedings asserting claims by investors in seven municipal bond funds that invested in inverse floating rate securities and other allegedly volatile and illiquid securities.
- Currently representing Albertson’s in connection with litigation in numerous state and federal courts arising from its acquisition of Safeway to form the nation’s second-largest grocery chain.
- Represented specialty investment bank defending misrepresentation claims arising from issuance of a fairness opinion.
- Defended officers, directors and holding company in investor class and individual actions arising out of the massive fraud perpetrated by Bernard L. Madoff.
- Represented one of the country’s leading mutual fund complexes and its senior directors and officers in investor class actions claiming over $2 billion in losses suffered on fixed income fund investments concentrated in credit default swaps, total return swaps and various forms of commercial mortgage backed securities.
- Represented Google Inc. in a putative nationwide consumer class action pending in the U.S. District Court for the Northern District of California, based on allegations concerning alleged problems with the Google phone manufactured and marketed by Google, T-Mobile and HTC Corp.
- Defended Intersil Corp. and its directors against derivative shareholder litigation alleging breaches of duty in the wake of a negative “say on pay” vote. Obtained dismissal on motion to dismiss in first federal precedent holding the Dodd-Frank Act’s “say on pay” provisions did not create additional duties for corporate directors.
- Represented leading national cable provider in consumer class action suit alleging violations of California’s Unfair Competition Law.
Pro Bono Representations
- Successfully challenged Virginia’s “crimes against nature” statute in habeas corpus petition to the U.S. Court of Appeals for the Fourth Circuit on various grounds, including that the lower courts had erroneously and improperly interpreted the statute to remain valid as applied even in the wake of the U.S. Supreme Court’s decision in Lawrence v. Texas.
- Filed Supreme Court Amicus Curiae brief on the constitutionality of the Defense of Marriage Act on behalf of a sitting federal bankruptcy judge in United States of America v. Edith Schlain Windsor, No. 12-307 (U.S. 2013).
- Filed Supreme Court Amicus Curiae brief on behalf of six veterans’ advocacy organizations in United States v. June, No. 13-1075 (U.S. 2014) and United States v. Wong, No. 13-1074 (U.S. 2014).
Boston College, B.A., 2003, magna cum laude
University of California Hastings College of the Law, J.D., 2008, cum laude, member of the Hastings Race and Poverty Law Journal (2007-08), member of the Hastings August A. Rendigs Jr. National Product Liability Moot Court Competition Team (Spring 2007), recipient of the Witkin Award in Federal Income Tax
United States District Court for the Northern District of California
San Francisco La Raza Lawyers Association (SFLRA)