Daniel Robert Gherardi

Daniel’s experience includes representing:

• Meta Platforms in securing dismissal on behalf of the company and members of its board of directors in a shareholder derivative action asserting claims that the company failed to achieve diversity among its board and senior executive leadership
• Atlassian in securing dismissal with prejudice of securities fraud claims that followed a revision of forward-looking guidance
• Eargo in securing dismissal with prejudice of a securities lawsuit against the hearing device company that followed a DOJ settlement related to insurance claim submissions, which was then affirmed by the Ninth Circuit
• NortonLifeLock in securing dismissal on behalf of the company 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 in a shareholder class action and derivative litigation involving claims regarding the company’s Tread+ product
• Skillz and its officers and directors in obtaining dismissal (affirmed on appeal) of a de-SPAC-related securities class action filed following a de-SPAC merger and two short sellers’ reports
• Restoration Robotics in successfully defending the company and its directors and officers in a series of securities lawsuits in state and federal court, including the first decision outside Delaware to enforce federal forum-selection provisions in IPO-related securities litigation
• A major technology company and its executive officers and directors in successfully obtaining first-round dismissal with prejudice of a federal securities lawsuit related to executive compensation
• A major technology company in a derivative lawsuit alleging breach of fiduciary duties by the company’s board of directors and certain officers
• Enphase Energy in successfully obtaining first-round dismissal with prejudice for the company and its officers and directors in a securities class action and related derivative actions involving alleged improper accounting practices
• PolarityTE, a medical technology company, in obtaining first-round dismissal with prejudice in a securities fraud class action
• Extreme Networks and its officers in securing dismissal of a securities fraud class action related to customer demand and forward-looking guidance
• Fastly and its officers and directors in a securities class action and derivative lawsuits related to lowered revenue projections
• Ardelyx in:
  • Achieving dismissal with prejudice of all claims in a securities class action related to FDA approval of XPHOZAH, which was then affirmed by the Ninth Circuit
  • Securities class action related to the transitional drug add-on payment adjustment process for XPHOZAH in the District of Massachusetts
• Akero Therapeutics in securing dismissal with prejudice of securities class action related to clinical trials of an investigational drug for treating liver disease
• Aimmune Therapeutics in resolving federal securities claims arising out of Aimmune’s merger with Nestlé
• Starbucks in federal securities class action and related derivative actions in the Western District of Washington
• Expensify in a federal securities class action and related derivative actions in the District of Oregon
• Khosla Ventures and affiliated individuals and entities in:
  • Obtaining dismissal of claims in a federal securities class action related to the acquisition of Nextdoor by Khosla Ventures Acquisition Corp. II
  • Defending Khosla-related individuals and entities in the Delaware Court of Chancery in de-SPAC litigation related to the acquisition of Nextdoor
• Neumora Therapeutics in a federal securities class action related to the company’s IPO
• e.l.f. Beauty in a federal securities class action and related derivative actions