Jon B. Fougner
Top rated Securities Litigation attorney in Redwood City, California
Freshfields US LLP
Practice areas: Securities Litigation
Licensed in California since: 2017
Education: Yale Law School
Jon B. Fougner, a senior associate at Freshfields Redwood City, California, serves clients in securities litigation and M&A. He represents companies, officers, and directors in high-stakes shareholder and fiduciary-duty litigation. His practice involves complex disputes, class and non-class cases, and trials and appeals in state and federal courts and arbitration. His work includes defending technology companies and executives in securities litigation, securing dismissals in shareholder derivative litigation and obtaining expedited relief from the Delaware Court of Chancery. He handles books-and-records demands and has represented clients in California state-court merger litigation, winning summary judgment. His experience includes coordinated and multidistrict litigations in technical industries involving science, engineering, and medicine. He also helps venture-capital and private-equity funds and technology companies avoid court in the first place.
At Yale Law School, he was awarded the Judge Ralph K. Winter Prize in law and economics and the William K.S. Wang Prize for corporate law. He served on the Yale Journal on Regulation, the Yale Journal of Law & Technology, and the Yale Law Journal.
Jon is admitted to practice in New York, California, the United States Court of Appeals for the Ninth Circuit, and all four United States District Courts in California. He served as a summer clerk to the Honorable Susan G. Braden of the United States Court of Federal Claims. He is an active CLE presenter on boards' fiduciary duties, expert witnesses in securities class actions, and attorney-client privilege.
Practice areas
Securities Litigation- 100% Securities Litigation
First Admitted: 2015, New York
Professional Webpage: https://www.freshfields.us/contacts/find-a-lawyer/f/fougner-...
Bar / Professional Activity
- Admitted to practice in the United States District Court for the Southern District of New York, 2024
- Admitted to practice in the United States District Court for the Eastern District of California, 2020
- Admitted to practice in the United States Court of Appeals for the Ninth Circuit, 2019
- Admitted to practice in the United States District Court for the Central District of California, 2018
- Admitted to practice in the United States District Court for the Southern District of California, 2018
- Admitted to practice in the United States District Court for the Northern District of California, 2017
- Admitted to practice in California, 2017
- Admitted to practice in New York, 2015
Educational Background
- Fulbright Scholar, University of Oslo, Economics, 2005-2006
- B.A., Yale University, Phi Beta Kappa, Summa Cum Laude, Distinction in Economics, William Massee Prize, Saybrook College Fellows Prize, 2001-2005
White Papers
- The incoming administration is expected to deregulate how funds, intermediaries, and operating companies use digital assets. During the campaign, President-elect Trump promised regulatory clarity to the cryptocurrency industry. His surrogates attacked Chair Gensler for instead promulgating “regulation by enforcement.” Trump has named libertarian-leaning crypto enthusiasts to key posts. We see this playing out in two ways., The Deregulation of Crypto and Its Role in Increasingly Creative Incentive Equity Structures, Private Equity, Financial Services, Technology, Cryptocurrency, 2025
- Each new year brings with it the potential for change. 2025 is no different in this regard, with the potential for change being even more pronounced in light of the election results and technological developments. We transition to the Trump administration, with new leadership at regulatory agencies (such as Paul Atkins’ expected confirmation as Securities and Exchange Commission (SEC) Chairman) and, for at least the next two years, single party control of the Executive Branch and both Houses of Congress. At the same time, the continued rise of artificial intelligence and other technologies serves as an agent of change in the global economy. Over the last half century, one of the hallmarks of the Private Capital industry’s enduring success has been its preternatural ability to adapt to and thrive in changing business and legal environments. However, successful adaptation is not a given; it requires Private Capital participants to anticipate key trends in advance and to filter out the distractions of herd thinking. When we asked ourselves, “What should our Private Capital clients care about most in 2025?”, our panel of Freshfields experts compiled the following seven topics for your consideration and business planning in the year ahead., Private Capital in 2025: 7 Things You Should Know, Private Equity, 2025
- Just like predicting how an election will go, it is incredibly difficult to predict what will happen in any new administration. Campaign rhetoric does not always translate into policy positions. Implementing policy changes takes time and is often complicated by congressional priorities and litigation. Court cases are increasingly resulting in nationwide injunctions issued against new administration policies, often delaying implementation for years. This update serves as an onramp to what we know will be a long few months of predictions and posturing as the dust settles on the new administration and Congress readies itself for the new session in January., Q3 Governance Update: Election Edition, Technology, Financial Services, Cryptocurrency, 2024
Scholarly Lectures / Writings
- Proposes and instruments a quantitative model for weighing pro- and anti-competitive effects of club bidding for leveraged buyouts., Author, Antitrust Enforcement in Private Equity: Target, Bidder, and Club Sizes Should Matter, 31 Yale J. on Reg. Online 25, Private Equity, 2013
- Low-cost, high-impact fixes can prevent stereotype threat from undermining the performance of racial- and ethnic-minority LSAT-takers. , Author, Current Standardized Tests Must Be Fixed Before We Add New Ones, Yale Daily News, Law, 2007
Honors
- Awarded by Yale Law School for best paper in law and economics, Judge Ralph Winter Prize, https://www.freshfields.us/contacts/find-a-lawyer/f/fougner-jon/, 2014
- Selected as an editor of the Yale Law Journal, Yale Law Journal, https://www.yalelawjournal.org/images/documents/123%20masthead.pdf, 2013
- Awarded by Yale Law School for superior performance in corporate law, William K.S. Wang Prize, https://ylr.law.yale.edu/pdfs/v61-1/W14-Prizes.pdf, 2013
Industry Groups
- Automotive
- Financial Services
- Technology
Selections
- Rising Stars: 2023 - 2025