Chris Johnstone is an experienced litigator focused on securities, antitrust and commercial cases. He has served in key roles on winning trial teams and brings that experience to all phases of litigation. As a resident of the firm’s Palo Alto office, Mr. Johnstone helps clients throughout Silicon Valley navigate challenges at the intersection of law and technology.

Litigation 

Mr. Johnstone has extensive experience litigating securities cases. He regularly litigates major securities class actions in the Northern District of California. He has also served as defense counsel in three SEC enforcement actions, including one that resulted in a multi-week jury trial and complete defense victory.

 Mr. Johnstone has also litigated a series of high-stakes antitrust cases. He served as co-lead counsel for a manufacturer of capacitors in class action and opt out cases with over $1 billion in alleged damages. He is currently serving as defense counsel for a leading tech company in a direct action involving its AI products.

Trial Work

Mr. Johnstone helped obtain an acquittal for a former FX trader charged with criminal violation of the antitrust laws (US v. Ramchandani). He also helped two former executives prevail on all 10 claims brought by the SEC (SEC v. Goldstone). Thereafter, he served as co-lead counsel on two significant antitrust cases that settled favorably on the eve of trial (In re Capacitors Antitrust Litigation).

Government Investigations

Mr. Johnstone has defended clients in major investigations conducted by the SEC, DOJ, FINRA and state AGs. He has worked on matters focusing on financial reporting, insider trading, data incidents, data scraping, identity verification and competitive intelligence. Over the years, he has delivered presentations to regulators, C-suite executives and boards.

Pro Bono & Firm Leadership

In his pro bono practice, Mr. Johnstone often represents individuals charged with federal crimes in the US District Court for the Northern District of California. He has obtained successful results for clients facing decades in prison. Mr. Johnstone serves on the Hiring Committee for the firm’s Palo Alto office.

Experience

  • Investigations

    • Conducted an investigation of a major data breach on behalf of special committee of a technology company.
    • Conducted an investigation of whistleblower allegations concerning a company’s security and competitive intelligence practices on behalf of a special committee of a technology company.
    • Represented a healthcare company in parallel investigations by the DOJ and SEC concerning its disclosures to investors.
    • Represented a technology company in an SEC investigation into its initial public offering.
    • Represented a former BSA/AML officer in an investigation by the DOJ.
    • Represented an entertainment company in an investigation by the DOJ’s Antitrust Division and various state attorneys general.
  • Litigation

    • Represented a former FX trader in a criminal case brought by the DOJ’s Antitrust Division.
    • Represented the former CEO and CFO of a mortgage origination company an SEC enforcement action concerning the accounting of impaired assets.
    • Represented the CFO of a hardware company in an SEC enforcement action and parallel class action concerning the accounting of stock options.
    • Represented a technology company in a securities class action concerning its disclosures to investors.
    • Represented a technology company in an action seeking to enjoin the enforcement of a subpoena issued by a state attorney general.
  • Pro Bono Criminal Defense

    • Represented an individual charged with drug trafficking and conspiracy.
    • Represented an individual charged with drug trafficking, conspiracy and illegal reentry.   
    • Represented an individual charged with drug exportation and conspiracy to pass counterfeit foreign currency.   
    • Represented an individual charged with wire fraud.

Insights & News

Credentials

  • Education

    • JD, University of Southern California Law School, 2004

      Editor, Southern California Law Review
    • BA, Public Policy Studies, Duke University, 2001

  • Admissions

    • California

  • Clerkships

    • The Hon. Shirley Wohl Kram, US District Court for the Southern District of New York, 2004 - 2006

Credentials

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