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About me

I have tried nearly fifty jury trials in my career.  My practice focuses on insurance coverage, business torts, and white collar criminal defense.  My experience before joining Pestotnik LLP includes litigating complex business litigation matters with a large national firm and prosecuting white collar crimes as a Deputy District Attorney.  I have represented mutual funds, corporations, Native American tribes, law firms, accounting firms, small businesses, and individuals as both plaintiffs and defendants in a variety of high-stakes disputes. 

In the area of insurance coverage, I have represented policyholders and other insureds in coverage disputes and civil actions alleging bad faith on the part of the insurer.  These disputes have involved a variety of different insurance policies, including directors and officers liability (“D&O”), errors and omissions (“E&O”), commercial general liability (“CGL”), title insurance, and uninsured/underinsured motorist (“UM/UIM”) coverage.  My current focus is cyber liability insurance coverage. 

I have also represented individuals and businesses in numerous civil actions alleging business torts, including securities fraud, fraudulent misrepresentation, conspiracy, breach of fiduciary duty, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). 

In the area of white collar criminal defense, I have represented individuals investigated for and charged with white collar offenses, including insider trading, securities fraud, health care fraud, and embezzlement.  I have also conducted internal investigations for businesses seeking to discover and remedy criminal or regulatory violations.  


I received a peer review rating of “AV Preeminent” through Martindale Hubbell and was previously recognized as a “Rising Star” by the Super Lawyers publication.  I am admitted to practice in California, New York, and Colorado.


Specialties: Insurance coverage and bad faith, business torts, and white collar criminal defense.


Practice areas


  1. Insurance: 40%
  2. White Collar Crime: 30%
  3. Securities & Investment Fraud: 20%
  4. Litigation: 10%

Attorney endorsements

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  • Louis Paul Leroux II

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    Louis Leroux Family Attorney
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  • Phillip Andrew Geigle

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    Phillip Geigle Criminal Defense Attorney
    Relationship: Co-worker

Contact info

Pestotnik LLP

501 West Broadway
Suite 1025
San Diego, CA, 92101


NYCurrently registered 201503/26/2015
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Award nameGrantorDate granted
AV Peer Review RatingMartindale-Hubbell2012
Rising StarSuperLawyers2011
Work experience
TitleCompany nameDuration
CounselGreenberg Gross LLP2013 - Present
Of CounselDavis & Ceriani, P.C.2011 - 2013
Of CounselJacobs Chase LLC2010 - 2011
Deputy District AttorneyDenver District Attorney's Office2005 - 2010
AssociateArnold & Porter, LLP2001 - 2005
Law Clerk to Justice Nathan B. CoatsColorado Supreme Court2000 - 2001
Association namePosition nameDuration
Association of Business Trial Lawyers (San Diego chapter)N/A2015 - Present
San Diego County Bar AssociationN/A2015 - Present
Consumer Attorneys of San DiegoN/A2015 - Present
Federal Bar Association (San Diego chapter)N/A2015 - Present
San Diego Criminal Defense Bar AssociationN/A2015 - Present
Legal cases
Case nameOutcome
Bill S. Wolfkiel v. The Altus Group, Vern D. Kornelsen and M. Elaine KornelsenJudgment in favor of Defendants on all claims.
Gregory Toy v. American Family Mutual Insurance CompanySettled for confidential amount.
United States v. John JohnsonGuilty plea with sentence of time served and two years of supervised release.
See all legal cases 
Publication nameTitleDate
Daily JournalTipping Friends Without Benefits -- Will the U.S. Supreme Court Clarify The “Personal Benefit” Element of Insider Trading Liability After United States v. Newman?2015
L.A. Daily JournalWhy the Supreme Court Denied Certiorari in United States v. Newman and What to Expect Next2015
Orange County Business JournalLessons From a $50 Million Counterpunch2014
University of Colorado Law ReviewThree Strikes and You're Out of Constitutional Rights? The Prison Litigation Reform Act's "Three Strikes" Provision and Its Effect on Indigents2000
School nameMajorDegreeGraduated
University of Colorado School of LawLawJD - Juris Doctor2000
Fordham UniversityInternational StudiesBA - Bachelor of Arts1996
Speaking engagements
Conference nameTitleDate
Roundtable Discussion: Hartford Cas. Ins. Co. v. J.R. Mktg., L.L.C., 61 Cal. 4th 988 (2015)Roundtable Discussion Re: Insurer's Ability to Recover Excessive Attorney Fees from Cumis Counsel Following Hartford Cas. Ins. Co. v. J.R. Marketing2015
Cyber Insurance Coverage 101Cyber Liability Insurance Coverage2015
2015 Insurance Bad Faith SeminarStrategies for Effective Rule 30(b)(6) Depositions of Insurance Companies2015