Boris Feldman specializes in securities litigation and federal appellate work. He has defended more than 200 shareholder class actions, derivative suits, and merger challenges around the country, and has handled over 50 appeals in federal and state courts. Boris also represents audit committees and boards of directors in internal investigations and represents companies and individuals in SEC-enforcement proceedings around the country. He regularly advises public companies on fiduciary duty and disclosure issues.
During his 30 years in Silicon Valley, Boris has represented many of the leading companies in the technology world, including Google, Facebook, Genentech, Netflix, Salesforce, Twitter, and Hewlett-Packard. In addition, the individuals he has represented comprise an honor roll of innovators and entrepreneurs, including Marc Andreessen, Carol Bartz, Eric Benhamou, Marc Benioff, Herb Boyer, Sergey Brin, Vint Cerf, John Doerr, Carly Fiorina, John Hennessy, Steve Jobs, Arthur Levinson, Ray Noorda, Larry Page, Ross Perot, Eric Schmidt, Al Shugart, Robert Swanson, and Mark Zuckerberg.
Boris has been at Wilson Sonsini Goodrich & Rosati in Palo Alto since 1986. Among other leadership roles, he has served as a member of its board of directors and chair of the firm's Policy Committee.
Boris has served as a lawyer-representative to the Ninth Circuit Judicial Conference, a member of the Ninth Circuit's Lawyer Representative Coordinating Committee, and co-chair of the lawyer representatives to the Northern District of California. He has also served on the advisory board of the Securities Regulation Institute. Boris is active in TechNet, and has served on the board of directors of the Silicon Valley Campaign for Legal Services and the board of directors for the Endowment Fund of San Mateo County Legal Aid . In 2006, he was named to the International Advisory Board of the Israel Securities Authority, the Israeli equivalent of the U.S. Securities and Exchange Commission. Boris also has been elected a member of The American Law Institute.
Boris also was a member of the six-person advisory committee established by the U.S. District Court for the Northern District of California to propose modifications of the Local Rules in light of the Private Securities Litigation Reform Act of 1995. Boris testified before the Senate Banking Committee on the Securities Litigation Uniform Standards Act. He was appointed to a blue ribbon panel to propose changes in the California shareholder laws and was a member of the Santa Clara County Superior Court Task Force on Complex Litigation.
From 1985 to 1986, Boris served as special assistant to the legal adviser at the U.S. Department of State. Prior to that, he had spent four years as an associate at Arnold & Porter in Washington, D.C., and also served as a law clerk to Judge Abraham D. Sofaer in the U.S. District Court for the Southern District of New York from 1980 to 1981.SELECT CLIENTS:
- Business Objects
- Network Associates
- Palm Computing
- Silicon Graphics
Life Sciences Companies:
- VISX (now part of Advanced Medical Optics)
Other Technology-Related Companies:
- Digital Microwave
- Valence Technology
- Anchor Gaming
- Aurora Foods (Dartford Partners)
- Coram Healthcare
- Silicon Valley Bank
- Bank of America Securities
- Lazard Frères
- PaineWebber Incorporated
- Raymond James
- Salomon Smith Barney
Please see wsgr.com for a complete list of clients.SELECT CASES:
- Boris has tried and won the case of Walter Hewlett v. Hewlett-Packard Company in the Delaware Court of Chancery, on behalf of Hewlett-Packard.
- Most recently, Boris has won shareholder lawsuits on behalf of BEA Systems, Business Objects, Intrabiotics, Nektar, Pixar, Salesforce.com, Synopsys, and 51job.
- Boris recently argued the proper standard for demand in a shareholder derivative suit before the Indiana Supreme Court, on behalf of Guidant Corp.
- J.D., Yale Law School, 1980
Note & Topics Editor, Yale Law Journal (Volume 89); Director of Debating for Yale University
- B.A., History, Yale College, 1977
Summa Cum Laude; With Distinction in History; Member, Phi Beta Kappa; National Merit Scholar; President, Yale Debate Association; Speaker, Yale Political Union
- Member, The American Law Institute
- Member, Board of Advisors, Yale Law School Center for the Study of Corporate Law
- Member, International Advisory Board, Israel Securities Authority
- Honored as the 2016 Bet-the-Company Litigation "Lawyer of the Year" for San Jose by Best Lawyers
- Honored as a "BTI Client Service All-Star" for 2015
- Named the 2012 San Francisco Litigation – Securities Lawyer of the Year by Best Lawyers
- Selected as one of Lawdragon's "100 Lawyers You Need to Know in Securities Litigation," 2008
- Named a top securities litigator in the 2004-2016 editions of Chambers USA: America's Leading Lawyers for Business, with peers describing him as "very wise, very able to take leadership on a case, and clearly in command of very complicated cases"
- Named in Northern California Super Lawyers, 2006-2016
- Selected for inclusion in The Legal 500 US
- Named to "Lawdragon 500 Leading Lawyers in America" list, 2006-2010
- Selected for inclusion in Best Lawyers in America ever since its 1999-2000 edition, including recognition the 2007-2016 editions in the area of Bet-the-Company Litigation, and 2011-2016 editions in the areas of Commercial Litigation, M&A Litigation, Regulatory Enforcement Litigation, and Securities Litigation
- Profiled in the San Francisco Chronicle as one of the Top Ten Lawyers
- Named by The Recorder (the California affiliate of American Lawyer) as the "go to" securities defense litigator in Northern California
- Included in the Los Angeles Daily Journal's list of the 100 most influential lawyers in California in 2002 and its list of top securities litigators in the state in 2005
- Named by The American Lawyer as one of the top 45 lawyers in the country under the age of 45 in 1995
- AV Preeminent Peer Review Rating, Martindale-Hubbell
- "A Modest Strategy for Combatting Frivolous IPO Lawsuits," The Harvard Law School Forum on Corporate Governance and Financial Regulation, March 13, 2015
- "Halliburton: The Morning After," The Harvard Law School Forum on Corporate Governance and Financial Regulation, February 7, 2014
- "The Best-Laid Plans of 10b5-1," The Harvard Law School Forum on Corporate Governance and Financial Regulation, February 6, 2013
- "Litigating Post-Close Merger Cases," The Harvard Law School Forum on Corporate Governance and Financial Regulation, November 9, 2012
- "Shareholder Litigation after the Fall of an Iron Curtain," The Review of Securities & Commodities Regulation, January 11, 2012
- "The Coming Counter-Reformation in Securities Litigation," Wall Street Lawyer, January 2010
- "The New World of the In-House Lawyer: Ethics, Duties, Bells, and Whistles," January 24, 2005
- "Opt-Outs Are a Threat," Daily Journal Supplement, April 28, 2004
- "Protecting the Quarterback: How to Prepare Your CEO for Trial," ABTL Report, Fall 2002
- "CEO and CFO Certification of SEC Filings: An FAQ for the Perplexed," August 29, 2002
- "Directorial Liability: Tips for Outside Directors on Minimizing Personal Exposure in Shareholder Lawsuits," August 23, 2002
- "Materials on Regulation FD," August 21, 2002
- Please see wsgr.com for a complete list of publications.
Boris has lectured on shareholder and disclosure issues before ALI-ABA, American Society of Corporate Secretaries, Glasser Legalworks, Nasdaq, National Investor Relations Institute, New York Stock Exchange, PLI, Professional Liability Underwriting Society, Risk & Insurance Management Society, SEC Institute, Stanford Directors' College, and Software Publishers Association. He has also lectured at several law schools, including UC Berkeley, Harvard, Stanford, and Yale. Specific engagements included:
- "The ABCs of FD & G," NIRI San Francisco Chapter, September 2003
- "Riding the Enron Wave without Falling off the Board: Strategies for Compliance and Survival," Wilson Sonsini Goodrich & Rosati, October 17, 2002
- "Disclosure Controls," National Investor Relations Institute, October 8, 2002
- Bar of the District of Columbia
- State Bar of California
- Supreme Court of California
- Delaware Court of Chancery
- Various U.S. District Courts
- U.S. Court of Appeals for the District of Columbia, Federal, Third, Seventh, Ninth, and Tenth Circuits
- U.S. Supreme Court