close

Dean Kristy

Partner, Securities Litigation  

San Francisco 415.875.2387

Overview

Dean Kristy has extensive experience litigating securities class actions, fiduciary duty cases, merger challenges, corporate governance disputes, derivative litigation, executive compensation cases and representing clients in regulatory matters. He also advises companies on disclosure and other corporate governance matters. Dean recently won a dismissal with prejudice of securities claims against Tesla and its officers relating to early production of its Model 3 vehicle, and is defending Tesla in securities litigation relating to consideration of a take private transaction pending in federal court in San Francisco.

Dean has successfully argued cases throughout the country, particularly in courts in the Ninth Circuit, Second Circuit and before the Delaware Court of Chancery. He has represented a wide range of domestic and international clients, including technology, automobile, solar energy, pharmaceutical, entertainment and healthcare companies.

In 2018, Dean was recognized by The Best Lawyers in America for his work in securities litigation.

Representative Experience:

  • Wochos v. Tesla (N.D. Cal.). Motion to dismiss related to Model 3 granted with prejudice.
  • In re Tesla Sec. Litig. (N.D. Cal.). Representing Tesla in defense of securities litigation relating to consideration of a potential take private transaction.
  • Inter-Local Pension Fund v. Tesla (N.D. Cal.). Representing Tesla in defense of securities litigation relating to $1.8 billion note offering.
  • In re Sunrun Sec. Litig. (N.D. Cal.). Motion to dismiss granted in securities class action.
  • Shankar v. Imperva (N.D. Cal.). Motion to dismiss securities class action granted in part, case settled thereafter.
  • In re King Digital Sec. Litig. (S.F. Superior). Represented King in defense of IPO litigation. Demurrer sustained in part; case settled thereafter.
  • In re SolarCity Sec. Litig. (N.D.Cal.). Motion to dismiss granted, case dismissed with prejudice.
  • Haque v. Tesla (Del. Chancery). Trial victory in Section 220 action alleging breach of fiduciary duty regarding statements about production and demand for Tesla vehicles.
  • Olagues v. Musk, et al. (N.D. Cal.). Defending Section 16(b) case; motion to dismiss pending.
  • Fitbit Sec. Litig. (N.D. Cal.). Defending securities class action; motion to dismiss forthcoming.
  • Las Vegas Sands Deriv. Litig. (D. Nev.). Defense of directors arising from alleged FCPA violations. Motion to dismiss granted.
  • Imperva Deriv. Litig. (Del. Chancery). Represented CEO and directors in action alleging breach of fiduciary duty and unjust enrichment. Motion to dismiss granted with prejudice, and affirmed on appeal.
  • Symantec S’holder Litig. (Del. Chancery). Represented defendants in derivative litigation challenging executive compensation. Motion to dismiss granted with prejudice.
  • Diamond Foods Deriv. Litig. (N.D. Cal.). Represented company and its directors in action challenging accounting practices and proxy disclosures. Motion to dismiss granted with prejudice and affirmed on appeal.
  • Apple Deriv. Litig. (Santa Clara Sup.). Represented directors and officers in action challenging executive compensation. Demurrer sustained and affirmed on appeal.

Before joining Fenwick & West, Dean was a partner at Shearman & Sterling, Brobeck Phleger & Harrison, and Clifford Chance.