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
Selected to Super Lawyers: 2010 - 2018
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 is a principal at Bartko, Zankel, Bunzel & Miller. As co-chair of the firm's antitrust group, he represents domestic and international clients in complex civil litigation matters, including antitrust actions, commercial transactions and intellectual property disputes. Mr. Ryan's experience includes numerous jury and bench trials as well as pre-trial motions and appeals. In addition to his litigation practice, he also provides business counseling and crisis management advice to clients in order to both mitigate potential risks and improve financial results.

After graduating from the University of Arizona with a Bachelor of Arts magna cum laude in 1996, Mr. Ryan went on to attend University of Notre Dame Law School, where he received his Juris Doctor in 1999 and was co-captain of the school's National Moot Court trial team. Admitted to practice in California, he is also admitted to practice in New York and the District of Columbia, and before the U.S. District Courts for the Northern, Central, Southern, and Eastern Districts of California, the Soutern and Eastern Districts of New York, the U.S. Courts of Appeals for the 8th, 9th, and Federal Circuit, and the Supreme Court of the United States. Mr. Ryan was a partner in two international law firms before joining Bartko, Zankel, Bunzel & Miller in 2014.

Sharing his knowledge with others as the author of articles on litigation procedures and antitrust policy, Mr. Ryan also seeks to keep abreast of developments in his practice area through his active participation in professional groups. Mr. Ryan is a former president and member of the board of governors of The Lawyers' Club of San Francisco, and he is also a member of the American Bar Association and a fellow of the American Bar Foundation, an independent nonprofit legal research institute. Mr. Ryan is an expert in alternative-fee agreements, regularly lectures on the topic, and provides in-house CLE lectures to clients on the Ethical Considerations Involving Alternative-Fee Agreements.

 
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 9 yearsmiddle-imageSelected to Rising Stars for 1 years

Super Lawyers: 2010 - 2018 Rising Stars: 2009

Email Me

To: Patrick M. Ryan
Super Lawyers: Potential Client Inquiry

About Patrick Ryan

Admitted: 1999, California

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

Honors and Awards:

  • Led an electronic manufacturer's client team, receiving client's Commercial Litigation Law Firm of Year Award, 2011
  • Weber Moot Court Award for Outstanding Achievement, Art of Oral Argument
  • International Academy of Trial Lawyers Award, Distinguished Achievement in Oral Advocacy
  • Co-captain, National Moot Court Trial Team

Bar/Professional Activity:

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

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 and Writings:

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

Verdicts and Settlements:

  • Major Electronics Manufacturing Company. Lead lawyer in prosecuting theft of trade secret and computer fraud and abuse claims.
  • Major Healthcare Company. Lead lawyer in defending major antitrust class action lawsuits in state and federal court.
  • Managed portfolio of patent litigation for major electronics company using a complex fixed-fee model
  • 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)
  • 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
  • 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)
  • 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
  • Wholesaler of Fine European Furniture. First-chaired successful three-week jury trial in California Superior Court in case involving complex real estate 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
  • California Taxpayers. Have represented major clients in disputes with governmental agencies regarding the amount of taxes owed
  • 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
  • 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
  • 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
  • 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
  • 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)
  • 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)
  • 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
  • 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 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
  • Major Consumer Product Manufacturers. Litigated false advertising claims under state laws, as well as the Lanham Act, in various jurisdictions across the United States
  • 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)
  • 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

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
Office Location for Patrick M. Ryan

One Embarcadero Center
Suite 800
San Francisco, CA 94111

Phone: 415-291-4540

 

Patrick M. Ryan:

Last Updated: 2/15/2018

Page Generated: 0.49653887748718 sec