Patrick M. Ryan Attorney

First Admitted: 1999, California

Professional Webpage: https://bartkolaw.com/attorney/patrick-m-ryan/

Bar/Professional Activity:

U.S. District Court for the Northern District of California
U.S. Court of Appeals for the 9th Circuit
American Bar Association
President, The Lawyers' Club of San Francisco, 2006
New York State Bar Association
U.S. District Court for the Central District of California
U.S. Court of Appeals for the 8th Circuit
U.S. District Court for the Eastern District of California
U.S. Supreme Court
Board of Governors, The Lawyers' Club of San Francisco, 2000 - 2007
California State Bar
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of California
U.S. Court of Appeals for the Federal Circuit
Fellows of the American Bar Foundation
District of Columbia Bar
U.S. District Court for the Southern District of New York

Verdicts/Settlements (Case Results):

Major Global Consumer Manufacturer & Retailers. In a case involving allegations that a consumer product did not work as advertised, lacked appropriate regulatory approvals, and harmed consumers, led multi-law-firm teams charged with opposing class certification in multiple federal and state jurisdictions and negotiated and drafted major class action settlements, including settlements under the Class Action Fairness Act (CAFA)
Major Energy Company. Defended company and its officers against breach-fiduciary-duty claims by minority shareholders of a subsidiary company. Claims were resolved successfully after Mr. Ryan obtained an order from the court striking key portions of the plaintiffs' complaint
Software Developer. Represented developer of active-active source-code replication technology in a dispute with one of its founders, who was also a board member and officer. Matter was resolved quickly and favorably following filing of actions in Delaware Court of Chancery
Major Healthcare Company. Lead lawyer in defending major antitrust class action lawsuits in state and federal court.
Mortgage Company. First-chaired successful two-and-a-half-week jury trial in federal court in case involving complex real estate and contractual interpretation issues. First Nat'l Mortg. Co. v. Federal Realty Inv. Trust, 2006 WL 2228941 (N.D. Cal. Aug. 3, 2006) (order denying FRIT's motion in limine to exclude evidence related to lease duration of ground lease on basis of the parol evidence rule and statute of frauds); First Nat'l Mortg. Co. v. Federal Realty Inv. Trust, (2007 WL 581872 (N.D. Cal. Feb. 26, 2007) (order denying FRIT's post trial motions); First Nat'lMortg. Co. v. Federal Realty Inv. Trust, 2007 WL 1831113 (N.D. Cal. June 25, 2007) (order denying FRIT's motion for reconsideration, holding that Sterling v. Taylor, 40 Cal.4th 757 (2007) directly supports court's admission of extrinsic evidence with respect to lease duration regardless of whether lease is ambiguous on its face. First-chaired two-week bench trial on damages that led to judgment being entered for client in the amount of $15.9 million, plus costs. First Nat'l Mortg. Co. v. Federal Realty Inv. Trust, 633 F. Supp. 2d 985 (N.D. Cal. 2009). Briefed and argued response to Federal Realty's appeal in which the Ninth Circuit affirmed the $16.1 million judgment. First Nat'l Mortg. Co. v. Federal Realty Inv. Trust, 631 F.3d 1058 (9th Cir. 2011)
Software Developer. Represented a software developer accused of stealing the trade secrets of a competitor. At the time of the retention, the client was facing a pending motion for preliminary injunction, which threatened to put it out of business. Mr. Ryan led the team on this matter, including mastering the technical issues, researching, interviewing, and retaining top experts. Less than a month after retention, the case settled and the complaint was dismissed with prejudice
California Taxpayers. Have represented major clients in disputes with governmental agencies regarding the amount of taxes owed
Global Electronics Manufacturer. Led team defending antitrust claims and filed counter-claims under the Computer Fraud and Abuse Act (CFAA) Obtained summary judgment in client's favor, which found that plaintiff had violated CFAA and settled antitrust action with client paying $0.00
Wholesaler of Fine European Furniture. First-chaired successful three-week jury trial in California Superior Court in case involving complex real estate issues
Major Consumer Electronics Retailer. Handled critical motions and appellate work, including briefing before federal and state appellate courts. Led attorney team and co-authored a motion for summary adjudication in the Northern District of California in a novel application of California's litigation privilege, which resulted in a dismissal with prejudice of a major intentional interference counterclaim brought against the client. The matter also involved the application of California's anti-SLAPP statute in federal court
Managed portfolio of patent litigation for major electronics company using a complex fixed-fee model
Former Governor of Colorado. Represented client in California Court of Appeal and successfully argued for affirmance of trial court ruling in client's favor. Appeared and gave oral argument as amicus curie in California Supreme Court arguing important issue involving the interpretation of Califonria's anti-SLAPP statute, California Code of Civil Procedure, section 425.16. California Supreme Court's ruling in S.B. Beach Properties v. Berti, 39 Cal. 4th 374 (2006) affirmed position taken by client in Court of Appeal Case involving related legal issue. Amicus Curiae on behalf of Plaintiffs and Respondents
Major Insurance Company. Co-tried a three-week jury trial in federal court, which resulted in a defense verdict. Plaintiff was seeking $5 million in damages. Drafted the answering brief in the Ninth Circuit, which resulted in affirmation of the jury's verdict
European Auto Parts Distributor. Represented client in CFAA action arising out of competitor hacking and downloading client's private members-only Web-based database. Mr. Ryan coordinated with the U.S. Attorney's Office respecting a parallel criminal proceeding that resulted in a grand jury indictment and guilty pleas of some of the same defendants sued in the civil proceeding. The civil action concluded with a substantial judgment being awarded against the former president of the competitor
Arizona and Nevada Dairy Farmers. Drafted and co-argued merits motion for summary judgment on out-of-state dairy farmers' dormant Commerce Clause claim against the California Department of Food and Agriculture on remand after a unanimous U.S. Supreme Court decision in the client's favor. The motion was granted in a published decision resulting in a permanent injunction of the key portion of California's dairy regulations in Hillside Dairy v. Kawamura 317 F.Supp.2d 1194 (2004)
Major Consumer Product Manufacturers. Litigated false advertising claims under state laws, as well as the Lanham Act, in various jurisdictions across the United States
Pro Bono. Filed two 12(b)(6) motions, both of which resulted in the dismissal of claims with prejudice. The first motion defeated a nuisance claim on a novel procedural due process issue (this motion resulted in a published decision, (Swords to Plowshares v. Smith, 294 F. Supp. 2d 1067 (N.D. Cal. 2002)), and the second defeated a similar claim on res judicata grounds. Co-authored opposition to remand motion, which resulted in an important published decision on a novel aspect of federal enclave jurisdiction involving the Presidio in San Francisco. Swords to Plowshares v. Kemp, 423 F. Supp. 2d 1031 (N.D. Cal. 2005). The court then granted a motion for judgment on the pleadings and dismissed the case with prejudice. Swords to Plowshares v. Kemp, 2005 WL 3882063 (N.D. Cal. October 18, 2005)
Telecommunications Company. Brought breach-of-fiduciary-duty, legal malpractice, and CFAA lawsuit in federal court against client's former general counsel in an action related to the ownership of key patents. Quickly obtained preliminary injunction and, within roughly three months, brought a motion for summary adjudication, which was granted for legal malpractice and breach of fiduciary duty. The case settled soon thereafter on very favorable terms
Major Electronics Manufacturing Company. Lead lawyer in prosecuting theft of trade secret and computer fraud and abuse claims.
International Police Organization. Represented Interpol Pretoria and some of its employees in a dispute involving an alleged $7-plus million fugitive reward related to the alleged arrest and conviction of suspects accused of embezzling $72 million and attempted murder of a famous South African race-horse trainer. Co-authored motion to dismiss that led to the dismissal of all individual defendants, and motion to dismiss amended complaint that led to Interpol Pretoria being dismissed with prejudice on multiple grounds, including that the court lacked subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §1602 et seq. AR Int'l Anti-Fraud Systems, Inc. v. Interpol Pretoria, et al., 634 F. Supp.2d 1108 (E.D. Cal. 2009)
Major Health Care Company. Successfully co-tried a three-week bench trial in a case involving complex real estate issues, and represented the client in appellate courts on a variety of statutory and constitutional issues
Major Retailers. Represented clients in trademark, copyright, and cybersquatting disputes and handled significant matters involving the French Blocking Statute and other similar discovery blocking statutes

Representative Clients:

Patrick was co-lead counsel in defending Sutter Health from antitrust allegations by class action plaintiffs in the Northern District of California. After a 5-week jury trial, the nine member jury returned a verdict in favor of Sutter Health and against the California residents and businesses who sought $411 million in damages.
In a pro bono matter, Patrick filed two 12(b)(6) motions, both of which resulted in the dismissal of claims against his client with prejudice. The first motion defeated a nuisance claim on a novel procedural due process issue. (Swords to Plowshares v. Smith, 294 F. Supp. 2d 1067 (N.D. Cal. 2002).) In the second matter, he defeated a similar claim on res judicata grounds. He then co-authored an opposition to a remand motion which resulted in an important published decision on a novel aspect of federal enclave jurisdiction involving the Presidio in San Francisco. (Swords to Plowshares v. Kemp, 423 F. Supp. 2d 1031 (N.D. Cal. 2005).) The court then granted a motion for judgment on the pleadings and dismissed the case with prejudice. (Swords to Plowshares v. Kemp, 2005 WL 3882063 (N.D. Cal. October 18, 2005).)
Patrick litigated false advertising claims under state laws, as well as the Lanham Act, on behalf of major consumer product manufacturers in various jurisdictions across the United States.
Patrick defended a major energy company and its officers against breach of fiduciary duty claims by the minority shareholders of a subsidiary company. The claims were resolved successfully after Patrick obtained an order from the court striking key portions of the plaintiffs’ complaint.
Patrick was lead counsel representing the wholesaler of fine European furniture in a successful three-week jury trial in California Superior Court in Oakland in a case involving complex real estate issues.
Patrick was lead counsel representing a European auto parts distributor in a Computer Fraud and Abuse Act case arising out of competitors hacking and downloading the client’s private members-only Web-based database. Patrick coordinated with the U.S. Attorney’s Office respecting a parallel criminal proceeding that resulted in a grand jury indictment and guilty pleas by some of the same defendants sued in the civil proceeding. The civil action was concluded with a substantial judgment being awarded against the former president of the competitor.
Patrick was co-lead counsel representing one of the largest health care companies in California in a three-week bench trial. The case was won on the key defense of laches, which Patrick argued to the Court.
Patrick was co-lead counsel in a three-week jury trial in federal court on behalf of a major insurance company, which resulted in a defense verdict in favor of his client that was affirmed by the Ninth Circuit. (Jeong v. Minnesota Mut. Life Ins. Co., 46 F. App’x 448 (9th Cir. 2002).)
Patrick was lead counsel representing Interpol Pretoria (an arm of the South African Police Services) and some of its employees in a dispute involving an alleged $7 million plus fugitive reward related to the alleged arrest and conviction of suspects accused of embezzling $72 million and attempted murder of a famous South African racehorse trainer. Patrick obtained a dismissal with prejudice on multiple grounds, including that the court lacked subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq. (AR Int’l Anti-Fraud Systems, Inc. v. Interpol Pretoria et al., 634 F. Supp. 2d 1108 (E.D. Cal. 2009).)
Patrick was lead counsel in a successful two-and-a-half-week jury trial in a federal court case involving novel and complex real estate and contractual interpretation issues. (First Nat’l Mortg. Co. v. Federal Realty Inv. Trust, 2006 WL 2228941 (N.D. Cal. Aug. 3, 2006) (order denying FRIT’s motion in limine to exclude evidence related to duration of ground lease on the basis of the parol evidence rule and statute of frauds); First Nat’l Mortg. Co. v. Federal Realty Inv. Trust, 2007 WL 581872 (N.D. Cal. Feb. 26, 2007) (order denying FRIT’s post-trial motions); First Nat’l Mortg. Co. v. Federal Realty Inv. Trust, 2007 WL 1831113 (N.D. Cal. June 25, 2007) (order denying FRIT’s motion for reconsideration.) Patrick was also lead counsel representing a client in a two-week bench trial on damages that led to judgment being entered in the amount of $15.9 million plus costs. (First Nat’l Mortg. Co. v. Federal Realty Inv. Trust, 633 F. Supp. 2d 985 (N.D. Cal. 2009).) Opposite Williams & Connolly, Patrick briefed and argued the response to the appeal in which the Ninth Circuit affirmed the judgement for $16.1 million with interest. (First Nat’l Mortg. Co. v. Federal Realty Inv. Trust, 631 F.3d 1058 (9th Cir. 2011).)
Patrick was lead counsel for the former Governor of Colorado in a successful appeal and presented oral argument on his behalf as amicus before the California Supreme Court in a case involving the interpretation of California’s anti-SLAPP statute. (S.B. Beach Properties v. Berti, 39 Cal. 4th 374, 377 (2006).) The California Supreme Court’s holding was dispositive of the client’s case pending before the California Court of Appeal.
Patrick was lead counsel for a telecommunications company which brought a breach-of-fiduciary-duty, legal malpractice and CFAA lawsuit in federal court against the company’s former executive in an action related to the ownership of key patents. Patrick quickly obtained a preliminary injunction and, within roughly three months, brought a motion for summary adjudication, which was granted for breach of fiduciary duty. The case settled soon thereafter on very favorable terms. (Clearstream Communications, Inc. v. Murray, No. CV S-02-1598 GEB JFM, 2003 WL 24309646 (E.D. Cal. Jan. 15, 2003).)
Patrick was co-lead counsel for a major consumer electronics retailer in a variety of matters, including leading a team on a motion for summary adjudication in the Northern District of California, in a novel application of California’s litigation privilege, which resulted in a dismissal with prejudice of a major intentional interference counterclaim brought against his client. The matter also involved the application of California’s anti-SLAPP statute in federal court. (Sharper Image Corp. v. Target Corp., 425 F. Supp. 2d 1056 (N.D. Cal. 2006).)
Patrick was co-lead counsel for a major national vacuum retailer in a widely publicized case in which the federal court for the Northern District of California denied class certification of a false advertising class action, finding that the proposed class representative had been solicited by the plaintiff’s counsel and was not an adequate class representative. That plaintiff’s counsel constructed this lawsuit before it had a plaintiff cannot be denied. (Bodner v. Oreck Direct, LLC, No. C 06-4756 MHP, 2007 WL 1223777 (N.D. Cal. Apr. 25, 2007).)
Patrick was co-lead counsel representing Arizona and Nevada dairy farmers who were challenging California’s dairy regulations, successfully arguing that the law discriminated against out-of-state dairy farmers in favor of instate farmers. Following remand from the United States Supreme Court, Patrick drafted and argued the merits of a motion for summary judgment on the out-of-state dairy farmers’ “dormant Commerce Clause” claim against the California Department of Food and Agriculture. The motion was granted in a published decision resulting in a permanent injunction against the enforcement of the key portion of California’s dairy regulations. (Hillside Dairy, Inc. v. Kawamura (Secretary, California Department of Food & Agriculture), 317 F. Supp. 2d 1194 (E.D. Cal. 2004).)
Patrick led a multi-client and multi-law-firm joint-defense team for a major electronics manufacturer tasked with opposing class certification for all defendants in an antitrust indirect purchaser action. His team obtained preclusive sanctions against the plaintiffs for spoliation of evidence and failure to disclose to defendants data and information considered by plaintiffs’ experts in formulating their opinions in support of class certification. (In re Static Random Access Memory (SRAM) Antitrust Litig., 257 F.R.D. 580 (N.D. Cal. 2009).)
Patrick led a team defending antitrust claims and filed counterclaims under the Computer Fraud and Abuse Act (CFAA) for a global network equipment manufacturer. Patrick obtained summary judgment in his client’s favor holding that the plaintiff had violated the CFAA as a matter of law. The antitrust action was subsequently dismissed by the plaintiff with prejudice. (Multiven v. Cisco Systems, Inc., 725 F. Supp. 2d 887 (N.D. Cal. 2010).)
Patrick led a team representing a software company in a dispute with one of its founders, who was also a board member and officer. The matter was resolved quickly and favorably following the filing of actions in the Delaware Court of Chancery.
Patrick led a team and coordinated a portfolio of patent litigation and ITC matters for a global network and communications manufacturer and its customers.
Patrick led a team representing a software company accused of stealing the trade secrets of a competitor. At the time of the retention, the client was facing a pending motion for preliminary injunction which threatened to put it out of business. Less than a month after Patrick’s retention, the case settled and the complaint was dismissed with prejudice and the client went on to have great success.
Patrick is co-lead counsel defending a major healthcare system from antitrust allegations by class action plaintiffs and the California Attorney General.
Patrick is lead counsel defending beverage companies in a theft of trade secrets action pending in California State Court in Los Angeles.
Patrick is lead counsel defending a major Gig Economy company in a theft of trade secrets action pending in California State Court in San Francisco.
Patrick led a team defending Uber in breach of contract and trade secret misappropriation action relating to automobile leasing services. (BAMA Commercial Leasing v. Uber Technologies, Inc. (SF Sup. Ct.).)
Patrick led the litigation and trial team for ASML, the world’s leading supplier of semi-conductor manufacturing equipment, in one of the largest trade secret victories in US history, obtaining an $845 Million judgment.

Transactions:

Provide risk analysis in major acquisitions regarding potential claim values and claim exposure.

Pro bono/Community Service:

Represented veterans living in the Presidio in San Francisco in rare and important federal unlawful detainer actions. In this series of cases, filed two 12(b)(6) motions, both of which resulted in the dismissal of claims with prejudice. The first motion defeated a nuisance claim on a novel procedural due process issue (this motion resulted in a published decision, (Swords to Plowshares v. Smith, 294 F. Supp. 2d 1067 (N.D. Cal. 2002)), and the second defeated a similar claim on res judicata grounds. Co-authored opposition to remand motion, which resulted in an important published decision on a novel aspect of federal enclave jurisdiction involving the serious assertion that ownership of the Presidio in San Francisco had automatically reverted back to the State of California when the federal government stopped using the Presidior for military purposes. Swords to Plowshares v. Kemp, 423 F. Supp. 2d 1031 (N.D. Cal. 2005). The court then granted a motion for judgment on the pleadings and dismissed the case with prejudice. Swords to Plowshares v. Kemp, 2005 WL 3882063 (N.D. Cal.October 18, 2005).

Honors/Awards:

International Academy of Trial Lawyers Award, Distinguished Achievement in Oral Advocacy
Selected to Super Lawyers “Rising Stars” in 2009
Named as a “Super Lawyer” by Thomson Reuters from 2010-present
Named as "Top Trade Secret Lawyer for 2020" by the California Daily Journal
Led an electronic manufacturer's client team, receiving client's Commercial Litigation Law Firm of Year Award, 2011
Co-captain, National Moot Court Trial Team
Weber Moot Court Award for Outstanding Achievement, Art of Oral Argument

Educational Background:

University of Arizona, B.A. in Political Science and Russian, Magna Cum Laude, with honors, 1996

Scholarly Lectures/Writings:

"The Legality of Torture" to the combined meeting of the Bay Area American Inns of Court in San Francisco, 2005
"Joint Defense Agreement" to the American Inns of Court, 2004
"The Law in Film" to the American Inns of Court, 2001
"Joint Defense Agreements: The Hidden Dangers," 16 Cal. Lit. Journal 8, November 2003
Daily Journal: Antitrust Policy: Convergence and Coordination
California Litigation Journal: Joint-Defense Agreements: Hidden Dangers
Class Certification: Wave of Stricter Standards Reaches Ninth Circuit Shores, San Francisco Daily Journal
Provide expert presentations on alternative-fee agreements.
Provide in-house ethics CLE lectures for clients on the Ethical Considerations Involving Alternative-Fee Agreements

Other Outstanding Achievements:

Received major manufacturing client's Commercial Litigation Law Firm of Year Award, 2011

Industry Groups:

Computer Hardware
Electronic Manufacturing
Energy
Healthcare
Lithography Systems
Networking
Real Estate
Retail
Software

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