David Duperrault
Shareholder and Chair, Financial Services Group; Member, Real Estate & Land Use and Business Litigation Groups


tel. 408.573.5700

David Duperrault

David Duperrault is a founding shareholder of Silicon Valley Law Group.  He manages the Financial Services Group, which includes creditors' rights and remedies, commercial and real estate finance, equipment leasing, asset-based lending, business bankruptcy and reorganization, receivership, assignments for the benefit of creditors, foreclosure, problem loan workouts, and restructuring. 

David represents financial institutions and other lenders; business borrowers and guarantors; investors acquiring or disposing of assets through insolvency proceedings; commercial landlords and tenants in bankruptcy and insolvency proceedings; officers, directors and employees in recovering their severance pay, compensation, benefits and stock options; sellers of businesses in recovering the sums owed by the purchasers; creditors in defending preference litigation; equipment lessors, vendors, brokers, receivers, trustees, licensors and licensees of intellectual property, health care providers, and creditors' committees.  

David is frequently asked to serve as a faculty member.  His teaching experience includes the following:

• Stanford Law School, Stanford University, part-time faculty member, Real Property Transactions (Finance.)
• Santa Clara University School of Law, adjunct professor, Real Property Secured transactions.
• Commercial Real Estate Issues under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Congressman Don Edwards Inn of Court. 
• High Technology Bankruptcy Cases, Santa Clara County Bar Association. 
• Problem Loans in California, Sterling Education Systems.
• Collections in the Health Care Industry, Lorman Seminars.

David has achieved success for his clients in numerous Chapter 11 cases, including:

Representative Clients

• Silicon Valley Bank
• Bridge Bank
• Applied Materials, Inc.
• U.S. Bank
• Comerica Bank
• Heritage Bank of Commerce
• Mega Bank
• Focus Business Bank
• Montage Capital
• Equity Funding Group
• Technology Credit Corporation
• San Jose Museum of Art
• City of Palo Alto
• Symphony Silicon Valley

Representative Engagements

• Obtained a very favorable settlement for our client, a Silicon Valley executive who joined a tech company only to find that it was headed toward Chapter 11 bankruptcy.  Our client stayed on and helped arrange a sale that generated millions of dollars for creditors.  The new management of the bankrupt company objected to his claim for compensation, and refused to pay him what he had earned under his employment contract.  Under the terms of the settlement, our client's claim was paid in full, plus accrued interest.
• Won a judgment against a shareholder who had diverted assets from his business.  David represented one of the largest banks in the United States as well as the bankruptcy trustee.  The defendant and his experts argued that the assets had no value.  The court awarded our clients nearly $1,000,000, including all of their legal fees.
• Structured, negotiated and documented secured loans by our commercial bank clients to a variety of enterprises, from software companies to a national golf course operator.  David crafted security interests in non-standard collateral, including intellectual property and a multi-million dollar concession contract with a government-controlled entity.
• Settled a case for our client, which had invested more than $1,000,000 in capital and made more than $12,000,000 in loans and advance to its subsidiary before the subsidiary filed for bankruptcy. The bankruptcy trustee sued our client to invalidate its security interest in the assets; to deny its right to recover and to force the client to pay back large sums of money it had received from the subsidiary.  David negotiated a settlement under which our client was not required to pay back any of the money it had received, and the bankruptcy trustee was ordered to pay our client a substantial sum.

Education

• J.D., cum laude, University of Michigan Law School
• B.A., cum laude, Lawrence University

Admissions

• California
• Michigan

Professional Associations

• Past chair of the San Jose Bank Attorneys Association.
• Past director of the Bay Area Bankruptcy Forum.
• Executive Committee of the Commercial Law and Bankruptcy Section of the
• Santa Clara County Bar Association.
• Charter member of the Congressman Don Edwards Inn of Court.
• Part-time Faculty, Stanford Law School.
• Adjunct Professor, Santa Clara School of Law.
  

Special Recognition

• "Northern California Super Lawyer," San Francisco Magazine and Law and Politics Media
• AV rated by Martindale-Hubbell

Community

• Currently David serves on the Advisory Board of Symphony Silicon Valley
• David and his family open their home to foster children through the Santa Clara County Department of Child and Family Services
• David was a board member and vice-chairman of Ballet San Jose Silicon Valley (formerly San Jose Cleveland Ballet.) 
• A long-time supporter of the arts and education in Silicon Valley, David supports San Jose Museum of Art, San Jose Repertory Theater, Los Altos Education Foundation, and San Francisco Symphony.  He is a founding parent and supporter of Bullis Charter School in Los Altos/Los Altos Hills.