Patricia P. Hollenbeck

Representative Matters

Business Litigation

• Obtained a victory on behalf of one of the largest manufacturers, distributers and sellers of açaí products worldwide. After a licensee breached the trademark licensing agreement by failing to pay royalties and advertising fees, and engaged in the unauthorized sale of products, the client filed a demand for arbitration before the International Centre for Dispute Resolution (ICDR) pursuant to the parties’ arbitration agreement. Four business days later, the licensee breached the arbitration agreement and brought suit in San Diego Superior Court, alleging violations of the California Franchise Investment Law and unfair competition, breach of contract, and fraud. Moved to compel arbitration under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), and successfully opposed a temporary restraining order to stay the arbitration proceeding pending before ICDR. The court issued an order staying the case and compelling the licensee’s claims to arbitration.

• Represented plaintiffs American Career College and West Coast University in a case in the Central District of California involving violation of the Racketeer Influenced and Corrupt Organizations Act, misappropriation of trade secrets, fraud, and breach of the duty of loyalty. The judge granted clients’ motion for terminating and monetary sanctions under FRCP 37 for abuse of the discovery process; the defendants’ misconduct included spoliation of evidence, lying under oath and failing to obey court orders. The court struck the defendants’ answer and counterclaims and entered default against defendants on plaintiffs’ claims, then ordered almost $6 million in damages (including punitive damages and treble damages under RICO) and attorneys’ fees. The court also granted an injunction prohibiting the defendants from using the plaintiffs’ trade secrets.

• Rincon Band Of Luiseño Mission Indians v. Flynt et al. Represented Stones South Bay Corp. in a lawsuit in the Superior Court of San Diego County. Filed in 2018, plaintiffs, comprised of 2 American Indian tribes, and 22 business entities and Tribe members, sued 11 cardrooms licensed by the state and 13 additional defendants alleging counts for unfair competition, interference with contract, and nuisance. Plaintiffs alleged defendants were offering banked card games on nontribal land, in violation of the exclusive right of Indian tribes to offer such games. Defendants denied the allegations as all business conducted at the cardrooms is expressly licensed and monitored by state and local government. The trial court sustained the third and final demurrer to the complaint without leave to amend, and entered judgment of dismissal. Plaintiffs appealed and the Fourth District Court of Appeal affirmed, awarding costs on appeal to defendants. Plaintiffs petition for review to the California Supreme Court was denied.

• Represented defendant financial institution in a putative class action alleging a fraudulent loan program and claims under RICO and California’s Unfair Competition law. Defendant filed a Motion to Compel Arbitration pursuant to the terms of the loan agreement. The U.S. District Judge ruled Plaintiffs must arbitrate their claims on an individual basis, rather than on behalf of a class, and stayed the litigation. Plaintiffs ultimately dismissed their claims against the client.

• Successfully represented NTC Foundation, a non-profit corporation that serves as a landlord at San Diego’s historic Liberty Station, in a case involving its former tenant. Following underlying litigation, the tenant and its individual LLC members sued NTC, asserting 13 causes of action, seeking compensatory and punitive damages. Ultimately, the tenant was persuaded to dismiss the action with prejudice.

• Successfully compelled arbitration against several franchisees of a well-known Philadelphia-area frozen dessert franchise. Plaintiffs, several former franchisees, were attempting to sidestep the arbitration provisions in their franchise agreements and filed a lawsuit in California. The court rejected the plaintiffs’ arguments, and issued a stay.

• Defense award in a lengthy commercial arbitration proceeding involving claims of discrimination, harassment, and retaliation under Title IX, breach of contract, and unfair business practices.

• Obtained a temporary restraining order and preliminary injunction on behalf of a licensee against a licensor for retaliatory actions, and to preserve the status quo pending litigation.

• Obtained a defense award on behalf of a college education client in a contested arbitration where the claimant sought compensatory and punitive damages, injunctive relief, and attorneys' fees based on a myriad of claims including discrimination based on medical condition, disability based on age discrimination, failure to accommodate, intentional misrepresentation, unfair business practices and false advertising.

• Won an appeal on behalf of American University of the Caribbean School of Medicine, a subsidiary of DeVry Education Group, before the Second District, Division Six, Court of Appeal of the State of California, which held the client was not liable for plaintiff's termination from medical school.

• Safari Club International v. Rudolph - Obtained on behalf of Dr. Lawrence Rudolph a decision in the 9th Circuit Court of Appeals affirming a trial court denial of a preliminary injunction concerning a taped conversation between Rudolph and the former president of SCI.

• Served as special outside counsel to the Board of Trustees of the Colorado Public Employees Retirement Association and authored the legal opinion affirmed by the Colorado Supreme Court denying an attempt to get the records of the Association's top benefit recipients.

• Representing a zoo and additional related defendants in filing Amici Curiae briefs to the California Supreme Court in precedent-setting litigation surrounding a new state of the art elephant exhibit in Los Angeles. The California Supreme Court reversed, finding for defendants.

• Obtained a decision in the Central District of California defeating a highly contentious bid for preliminary injunction over the alleged violation of California wiretap laws.

• Successfully represented an international franchisor in a franchise termination lawsuit in California federal district court against former franchisees alleging RICO, fraud, breach of contract, unfair competition, trademark infringement and other claims.

• Obtained on behalf of a theme park a dismissal with prejudice of a suit alleging violations of the Song-Beverly Credit Card Act, which prohibits the collection of personal information from credit card customers.

• Represented a luxury resort and vacation home developer in connection with complicated litigation, land use, and foreclosure issues arising from its acquisition of resort property near Lake Tahoe, CA.

• Successfully obtained temporary restraining order and preliminary injunction on behalf of non-profit corporation related to its claims of breach of contract, interference with business and retaliation.

• Defended private post-secondary institution against allegations of fraud, negligence and violations of the Consumers Legal Remedies Act and Unfair Competition Law. The case was filed in state court and involved over 30 plaintiffs. On behalf of the institution, we prevailed on motion to compel arbitration and successfully opposed plaintiffs' writ. Thereafter, Ms. Hollenbeck managed over 30 individual consumer arbitrations before the American Arbitration Association and obtained favorable results for the institution.

• Defended business in five separate consumer arbitration proceedings involving consumer protection and unfair competition law issues. Obtained defense verdicts in each of the five cases.

• Obtained settlement that client found favorable and dismissal of action with prejudice through the filing of a motion for summary judgment on the issue of general causation.

• Prevailed in case representing a multi-national franchisor with over 4,000 stores who sued its joint venture partner in U.S. District Court for breach of contract and violation of fiduciary duties. This case involved extensive claims relating to computer software and operating systems. Very favorable settlement achieved after several years of protracted discovery, depositions and heated litigation.

• Represented large web hosting concern sued by Internet service provider for unfair competition and theft of trade secrets. Also represented the web hosting company in its responsive action for breach of contract. Case involved complex discovery issues, extensive interaction with a discovery referee and protracted law and motion as to numerous issues including production of source code. The case settled on terms the client found favorable.

• Represented a prominent national financial services company that services single-family residential mortgages in an action filed by a homeowner for wrongful foreclosure, breach of fiduciary duty, and fraud. The plaintiffs' complaint, and four amended complaints, were successfully challenged by demurrer and, ultimately, the case was dismissed in its entirety.

• Defended international paint and coatings manufacturer against product defect, breach of warranty and breach of contract allegations. Plaintiff was an international energy concern who sued for product failure at over 800 of its locations. Case settled on terms the defendant found favorable. Exposure to the client was minimized and significant responsibility was defrayed to third party coatings application specialist.

• Obtained permanent injunction and monetary compensation for large franchisor against franchisee that violated provisions of franchise agreement. Franchisee incorrectly used trademark and service mark applications with competing franchise brand.

• Represented nationally known private post-secondary vocational institution in class action arbitration and litigation. Plaintiffs claimed a group of students were the victims of numerous misrepresentations as to the value of their program and that the educational instruction they received had less than fair value. The matter was resolved on terms that the client found very favorable.

• Represented national restaurant chain in a shareholder derivative action and direct law suit. Case involved complex partnership governance and compensation issues resulting in alleged harm to the limited partners.

• Counsel to national computer software company sued by competitor and former employee for issues pertaining to compensation and termination. Settlement that the client found very favorable obtained following plaintiff's deposition.

• Successfully pursued trademark litigation on behalf of an international select membership organization whose marks were being improperly used.

• Represented San Diego biotech company in patent infringement action filed by multinational pharmaceutical company. Reached settlement the client found favorable and licensing agreement going forward.

Products Liability Litigation

• Represented an international appliance manufacturer in numerous products liability actions for over 20 years. Those matters have included catastrophic personal injury, brain trauma, burn injuries, and amputations. Ms. Hollenbeck has evaluated and defended each claim and has achieved outstanding results.

• Represented Metabolife International in state and federal court litigation involving legal fallout over ephedra, and claims that Metabolife 356 was linked to dozens of heart attacks, strokes, and more than 100 deaths. Causes of action included product liability, negligence, breach of implied warranty, breach of express warranty and fraud, and sought compensatory and punitive damages.

• Represented an international motor carrier in a range of claims resulting from traffic injuries, many of which involved ejection of the plaintiffs from their vehicles with resulting personal injuries and brain damage. All cases were successfully evaluated and resolved.

• Defended a manufacturer of fire suppression equipment in a long list of cases involving accidental discharge of chemical suppressants and explosions of fire suppression equipment. All actions involved substantial personal injury and often included brain injury claims.

• Defended a San Diego commercial business in a matter involving a multi-vehicle car accident where the plaintiffs, who were passengers in other vehicles, claimed catastrophic personal injuries and closed head injuries. The matter involved in excess of 20 experts and 40 witnesses in a four-week trial. Liability was admitted, and resulted in a nominal verdict that was affirmed by the California Supreme Court.

• Represented a national personal armed security company in a series of lawsuits filed by individuals who claimed they were the victims of excessive force, who had sustained traumatic brain injuries. All but one case was settled for a small sum; the remaining matter was tried and there was a defense verdict.

• Represented an international tire manufacturer in many matters involving alleged tire defects resulting in automobile accidents. The plaintiffs claimed a wide variety of injuries, including brain trauma. The cases were resolved on terms that were acceptable to the client.

• Represented a company that made hamburger patty forming machines that were used by The Price Company, a well-known warehouse store. A meat department employee sustained a traumatic amputation of his arm after disabling the safety guard. Defendants prevailed on summary adjudication and resolved the remainder of the case for a small sum.

• Defended The Sherwin-Williams Company, an international paint and coatings manufacturer against product defect, breach of warranty and breach of contract allegations. Plaintiff was an international energy concern who sued for product failure at over 800 of its locations. Case settled on terms the defendant found favorable. Exposure to the client was minimized and significant responsibility was defrayed to third party coatings application specialist.

• Defended international appliance manufacturer against $25 million mold exposure claim brought by consumer. Resolved case for nominal sum through strong litigation strategy including coordinating testimony from over 40 experts.

Admissions

• California
• Colorado
• 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 California
• U.S. District Court for the District of Colorado
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for Veterans Claims

Education

• University of Colorado School of Law, J.D., 1984
• Stanford University, A.B., 1981

Experience

• Duane Morris LLP
  - Partner, 2005-present
• Buchanan Ingersoll LLP
  - Shareholder, 2001-2005
• Higgs, Fletcher & Mack LLP
  - Partner, 1992-2001
  - Associate, 1986-1992

Professional Activities

• American Bar Association
  - Forum on Franchising

• State Bar of California
  - Business Law Section
  -- Appointed to Franchise Law Committee, 2002-2005, 2010-2013 (Vice-Chair, Membership, 2011-2012)

• California Lawyers Association (formerly part of the State Bar of California)
  -- Appointed to Business Litigation Committee, 2015-2019

• Colorado Bar Association

• San Diego County Bar Association
  - Committee on Diversity and Inclusion
  - Strategic Planning Committee, 2022-2024
  - Board of Directors, 2017-2019
  -- Vice-President and Chair of the Governance and Leadership Committee
  -- Chair of the Membership Committee
  - Civil Litigation Section
  -- Served as section Chair and Vice-Chair
  - Leadership Outreach Committee

• American Inns of Court
  - Master, Louis M. Welsh Inn
  -- Executive Committee, 2019-
• Association of Business Trial Lawyers, San Diego
  - Board of Governors, 2002-2004

• Lawyers Club of San Diego
  - President, FY2014-2015
  - Board of Directors, 2011-2015
  - Vice-President, Finance and Fundraising, 2013-2014
  - Chair, Judicial Endorsements Committee, 2010-2013
  - Co-Chair, Golf Tournament, 2013, 2016, 2019

• Duane Morris Women's Impact Network for Success
  - Steering Committee, 2008-2015
• National Institute of Trial Advocacy, Faculty

Board Memberships

• Board of Directors, San Diego Inn of Court, 2018-
  - President, 2023
  - Vice-President, 2022
  - Program Chair, Evidence Program, 2019, 2022-2024
  - Program Chair, Trial Program, 2019, 2022-2024
  - Program Chair, Hearsay Program, 2023

• Board of Directors, San Diego Federal Bar Foundation, 2022-

• Board of Directors, San Diego County Bar Association, 2017-2019
  - Vice-President and Chair of the Governance and Leadership Committee

• Louis M. Welsh American Inn of Court
  - Executive Committee, 2019-

• Lawyers Club of San Diego, Advisory Board

• Board of Directors, Tom Homann LGBTQ Law Association Foundation, 2017-2018

• Board of Directors, Downtown San Diego Partnership, 2016-2018

• Board of Directors, Lawyers Club of San Diego, 2011-2015
• Board of Governors, Association of Business Trial Lawyers, San Diego, 2002-2004
• Board of Directors, Carmel Valley Music Boosters, Vice-President Fundraising, 2006-2008
• Board of Directors, Del Mar Little League, Vice-President of Operations, 2005-2007

Honors and Awards

• Named to San Diego Business Journal's 2024 Women of Influence in Law
• Listed in Best Lawyers in America, 2024
• Named to San Diego Business Journal's 2023 Women of Influence in Law
• Named to San Diego Business Journal’s 2023 Top 50 Women of Influence: 50 Over 50

• Recognized in San Diego Business Journal 2021 SD500: The Most Influential People in San Diego

• Finalist, 2018 San Diego Business Journal "Business Women of the Year" Awards

• Recipient, 2017 Friend of the Community Award, Tom Homann LGBTQ Law Association

• Finalist, San Diego Woman of the Year, San Diego Magazine

• Recipient, Cheryl Blackwell Bryson Leadership Award, Duane Morris Women's Initiative, October 2013

• San Diego Super Lawyers 2011-2024 (Business Litigation)
  - Top 50 Lawyers in San Diego, 2015-2016, 2020
  - Top 25 Women Lawyers in San Diego, 2014-2016, 2019-2022

• The San Diego Business Journal Best of the Bar

• Top Attorneys Finalist in Corporate Litigation by San Diego Daily Transcript

• Top Lawyers in San Diego by San Diego Magazine (Trials), 2013-present

• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

• "My Name is Patty Hollenbeck, and I am a Feminist," Lawyers Club News, June 2015
• "The Magic of Thinking Big: 'I Think I Can, I Think I Can'," Lawyers Club News, May 2015
• "Achieving Pay Equality: Mr. Spock, the Academy Awards, and Perseverance," Lawyers Club News, April 2015
• "The Impossibility of Time Management: Sometimes You Have to 'Let it Go'," Lawyers Club News, March 2015
• "EQ and the Practice of Law; the Huggable Lawyer," Lawyers Club News, February 2015
• "Happy New Year: Find Your Inspiration and Make a Resolution," Lawyers Club News, January 2015
• "Happy Holidays: Take a Deep Breath and Remember the See's." Lawyers Club News, December 2014
• "'Roominate' on Lime Green: Find What Matters and Give Back," Lawyers Club News, November 2014
• "Escaping the Marzipan Layer: Mentors, Sponsors, and Champions," Lawyers Club News, October 2014
• "Work-Life Management: Your Career AND Your Life," Lawyers Club News, September 2014
• "Leadership: The Huge Market for Big Ideas," Lawyers Club News, July/August 2014
• "Networking Strategies; Having Fun With Networking," San Diego Lawyer, The Journal of the San Diego County Bar Association, May/June 2011
• Profiled in "Women Who Court Success," Franchise Times, June/July 2002
• "Treatment of Spoliation of Evidence Issues and Excessive Verdict and Punitive Damage Issues in California," American Law Firm Compendium
• "Legal Malpractice: The Ever Darkening Cloud of Lawyer Liability," Association of Business Trial Lawyers Report

Selected Speaking Engagements

• Panel Member, "Women Leading in San Diego Law," San Diego County Bar Association Meet & Confer Podcast, November 22, 2019

• Panel Member, Trial Advocacy in the Southern District of California Series, Federal Bar Association, San Diego, California, May 2019

• Panel Member, Written Discovery, Disclosure and Discovery Series, Federal Bar Association, San Diego, California, July 2018

• Co-presenter, "Career Perspective on Taking Leave: The Logistics and Implications of Taking a Leave of Absence or Negotiating a Flex Schedule," San Diego, California, October 2017

• Presenter, "Demystifying Economic Expert Depositions," San Diego County Bar Association, San Diego, California, July 2017

• "Products Liability and Risk Management," California Healthcare Institute/Duane Morris THE BLUEPRINT™ Webinar Series

• Faculty Member, NITA National Institute for Trial Advocacy Deposition Skills: Pacific Program, San Diego, California

• Moderator, "How to Leverage Self-Evaluations for Professional Advancement," Lawyers Club Professional Advancement Committee, San Diego, California

• Co-presenter, "Networking Skills Mixer: Honing Your Elevator Speech," Lawyers Club Student Committee, San Diego, California

• Co-speaker, "Networking 101: Early Success Seminar Series," Lawyers Club of San Diego, San Diego California

• Co-speaker, "Contract Drafting - Tips and Pitfalls - From Transactional and Litigation Points of View," Lawyers Club of San Diego MCLE Presentation, San Diego, California