Patrick M. Ryan

Attorney Profile

Top Rated Business Litigation Attorney in San Francisco, CA

Bartko, Zankel, Bunzel & Miller, PC
 | One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone: 415-291-4540
Fax: 415-956-1152
Selected To Super Lawyers: 2010 - 2019
Selected To Rising Stars: 2009
Licensed Since: 1999
Practice Areas:
  • Business Litigation (30%),
  • Antitrust Litigation (40%),
  • Intellectual Property Litigation (30%)
Languages Spoken:
  • English,
  • Russian
Attorney Profile

Patrick M. Ryan, Co-Chair of Bartko's Antitrust Group, handles cases throughout the United States involving a cross section of complex commercial litigation, antitrust, intellectual property, trade secrets, class action, false advertising, and constitutional matters. Over the last 20 years, Patrick has successfully litigated, on both the plaintiff and defense side, numerous matters for major corporate clients from a variety of industries, including manufacturing, automotive, software, healthcare, retail, biotech, and real estate. Patrick is a business-centric lawyer who believes that lawyers should share the risk and rewards with the their clients through alternative-fee approaches. Patrick can make the most complex concepts simple to understand for judges and juries, and he regularly solves complex problems for companies--both in and out of court--using creativity and imagination.

Patrick gets to know a client's business and finds a way to substantially mitigate litigation risk while at the same time helping the client improve its bottom line. Patrick is known for being an excellent crisis manager who has led collaborative teams of dozens of lawyers across multiple law firms to achieve success for an industry or a group of clients.

In Global Competition Review (3 July 2013), Paul Ortiz, then a senior in-house attorney at Cisco, said, “I have worked closely with Patrick Ryan on numerous complex litigation matters, including antitrust matters; he is creative, attentive, and brilliant. Patrick knows his clients’ business goals and always finds a way to achieve them whether through settlement or litigation victory.”

Most recently, Patrick obtained an $845 Million judgment for ASML in one of the largest trade secret victories in US history.

 
Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (30%): Trade Secret, Non-Compete Agreements

Antitrust Litigation (40%): Antitrust & Trade Litigation

Intellectual Property Litigation (30%)

Focus Areas

Trade Secret, Non-Compete Agreements, Antitrust & Trade Litigation

Selections

Selected to Super Lawyers for 10 yearsmiddle-imageSelected to Rising Stars for 1 years

Super Lawyers: 2010 - 2019 Rising Stars: 2009

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About Patrick Ryan

Admitted: 1999, California

Professional Webpage: http://www.bzbm.com/people/ryan-patrick-m/

Honors/Awards:

  • International Academy of Trial Lawyers Award, Distinguished Achievement in Oral Advocacy
  • 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

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

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).

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

Verdicts/Settlements:

  • 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

Transactions:

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

Other Outstanding Achievements:

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

Educational Background:

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

Industry Groups

  • Computer Hardware
  • Electronic Manufacturing
  • Energy
  • Healthcare
  • Lithography Systems
  • Networking
  • Real Estate
  • Retail
  • Software
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Office Location for Patrick M. Ryan

One Embarcadero Center
Suite 800
San Francisco, CA 94111

Phone: 415-291-4540

Fax: 415-956-1152

Patrick M. Ryan:

Last Updated: 5/23/2019

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