FacultyFaculty/Author Profile

Joseph J. Tabacco, Jr.

Berman DeValerio

San Francisco, CA, USA


Joseph J. Tabacco, Jr. is the managing partner of Berman DeValerio’s San Francisco office. He actively litigates antitrust, securities fraud, commercial high tech and intellectual property matters. Mr. Tabacco is a primary point of contact for many of Berman DeValerio’s institutional clients, including the California State Teachers’ Retirement System, the California Public Employees’ Retirement System, and the Offices of the Attorneys General of Alaska, Michigan and other states.

Since entering private practice in the early 1980s, Mr. Tabacco has served as trial or lead counsel in numerous antitrust and securities cases. Prior to 1981, Mr. Tabacco served as senior trial attorney for the U.S. Department of Justice, Antitrust Division, in both the Central District of California and the Southern District of New York.

In addition to his role providing legal counsel to public pension and union fund clients, Mr. Tabacco is an independent director of Overstock.com, a publicly traded company, and serves on its Audit and Compensation Committees. He also frequently lectures and authors articles on securities and antitrust law issues and is a member of the Advisory Board of the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law. Mr. Tabacco is a former teaching fellow of the Attorney General’s Advocacy
Institute in Washington, D.C., and has served on the faculty of ALI-ABA on programs about U.S.-Canadian business litigation and trial of complex securities cases.

EDUCATION
George Washington School of Law (J.D., with honors, 1974)
University of Massachusetts-Amherst (B.A. in Government, 1971)

REPRESENTATIVE EXPERIENCE
  • Oversees the litigation in CalPERS v. Moody’s Corp., a pioneering attempt to hold credit rating agencies financially responsible for their alleged negligence in rating Structured Investment Vehicles.
  • Manages the litigation for In re New Motor Vehicles Canadian Export Antitrust Litig., a massive case against the large auto manufacturers.
  • Responsible for the class action against diamond giant DeBeers, which settled for $295 million.
  • Tried a number of securities actions, including Gutman v. Howard Savings Bank, In re Equitec
  • Sec. Litig. and most recently In re Metlife Demutualization Litig.
  • Served as lead counsel representing a manufacturer of food preservative products for an antitrust class action brought on behalf of direct purchasers of Sorbates, a food preservative widely used in bakery goods and other food products. The case, which was brought against the major manufacturers, including several foreign entities, proceeded to the eve of a jury trial when the last of the six defendants settled. A total of $96.8 million in settlements were ultimately obtained for the class.
  • As a senior trial attorney for the U.S. Department of Justice, participated in the government’s antitrust trial against IBM.
  • Appointed by Federal Court as a member of the magistrate judge merit selection panel for the Northern District of California.
HONORS/DISTINCTIONS
  • Recognized and featured by Daily Journal as one of California’s top 30 securities litigators
  • Ranked, for the third consecutive year, among the top U.S. securities litigators by Chambers USA 2009
  • Named a Super Lawyer by Northern California Super Lawyer Magazine for three consecutive years AV rated by Martindale-Hubble
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