Ryan E. Borneman

Partner

  • Ryan E. Borneman
  • Phone: +1 215 979 1105

    Ryan E. Borneman - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Ryan E. Borneman is a trial lawyer and advisor.  He represents banks and other financial institutions in various disputes. As part of his banking practice, he seconded to a large publicly traded bank managing an extensive portfolio of retail bank and lending liability litigation. He also practices in the areas of complex commercial transactions, class actions and appellate practice. Mr. Borneman has appeared before federal and state courts throughout the United States and has extensive experience of obtaining victories in the courtroom or practical business solutions through mediation or private resolution.

Mr. Borneman’s banking experience includes matters involving:

  • Articles 3, 4, and 4a of the Uniform Commercial Code (UCC);
  • Electronic Fund Transfer Act (EFTA);
  • NACHA Rules;
  • Fair Credit Reporting Act (FCRA);
  • Fair Debt Collection Practices Act (FDCPA);
  • Telephone Consumer Protection Act (TCPA);
  • State consumer protection acts;
  • Lender liability claims;
  • Levy, garnishment and execution;
  • Internal investigations; and
  • Bank secrecy laws.

Mr. Borneman’s practice also involves complex and class action business claims, including breach of contract, negligence, breach of fiduciary duties, and RICO.

Mr. Borneman is the Chair of the Philadelphia Chapter of the J. Reuben Clark Law Society and actively involved with the BYU Management Society. Mr. Borneman has served as a member of the firm’s e-discovery and pro bono committees.

Mr. Borneman is admitted to practice in Pennsylvania and New Jersey and is a 2006 magna cum laude graduate of Brigham Young University, J. Reuben Clark Law School, where he was elected to the Order of the Coif and was managing editor of administration of BYU Law Review, and a magna cum laude graduate of Brigham Young University Marriott School of Management with a B.S. in Accounting. Post graduation, he is an alumnus of the National Trial Advocacy College.

Representative Matters

    Banking/Financial Litigation

  • Represented national bank and resolved claims in U.S. District Court for the Southern District of Florida alleging breach of contract, negligence, promissory estoppel and violations of FCRA and FDCPA concerning alleged errors in loan servicing and credit reporting after implementation of a loan modification agreement.

  • Represented national bank in the Georgia Court of Appeals, securing attorney fees under Georgia’s anti-SLAPP statute stemming from a customer-launched suit seeking reputational damages from bank’s response to an SEC subpoena and obtained opinion that the bank owes no fiduciary duties to the customer of a self-directed IRA.

  • Won dismissal of original and an amended complaints in the Complex Commercial Litigation Division of the Superior Court of the State of Delaware in an action in which the plaintiff alleged common law and UCC claims related to embezzlement from business deposit account. Argued and won affirmance on appeal to the Supreme Court of the State of Delaware.

  • Won dismissal with prejudice of a putative class action, alleging violation of the Fair Debt Collection Practices Act based on efforts to collect a time barred debt, in the New Jersey U.S. District Court on behalf of a bank’s debt collector vendor.

  • Won summary judgment for a major bank in the U.S. District Court for the Eastern District of Pennsylvania in a multimillion dollar account embezzlement action involving allegations of breach of contract, negligence and violations of the Uniform Commercial Code (UCC) based on alleged failures to follow KYC rules in establishing business relationship.

  • Won dismissal in the U.S. District Court for the District of New Jersey for a major bank facing claims of violations of the Uniform Commercial Code (UCC) and negligence arising out of an account opened in similar name by former employee of plaintiff.

  • Won dismissal for national bank in the U.S. District Court for the District of Columbia of claims alleging unauthorized withdrawals from customer account.

  • Won dismissal for a major bank in the U.S. District Court for the Southern District of New York in a negligence and conversion dispute, after two accounts were opened with allegedly falsified corporate records, on the basis that the client owed no duty and fungible dollars cannot be converted.

  • Won dismissal for a major bank in the U.S. District Court for District of Massachusetts of claims of conversion, violation of Massachusetts unfair practice act and negligence and resolved claims of violation of Uniform Commercial Code (UCC).

  • Won motion to dismiss for a major bank in Florida State Court in a dispute brought by investors in a South Florida real estate company alleging violation of Florida's Racketeer Influenced and Corruption Organization Act.

  • Obtained partial summary judgment for a major bank in the Court of Common Pleas of Philadelphia County in an action seeking $10 million in damages against the bank for breach of a deposit agreement resulting in an alleged raid of customer assets by dissident executives.

  • Won motion to dismiss for a major bank under the Uniform Commercial Code (UCC) repeater rule in a check fraud case where an employee embezzled hundreds of thousands of dollars.

  • Represented a major bank before U.S. Court of Appeals for the Second Circuit after dismissal of putative class action against the bank in U.S. District Court for the Southern District charging violations of New York's Exempt Income Protection Act (EIPA) and New York common law.

  • Defended national bank in putative class action in New Jersey federal court alleging violations of the Federal Trade Commission Act and Rules of Practice governing disclosures to franchisees, New York and New Jersey consumer protection laws and New Jersey common law concerning Small Business Association loans.

  • Defended and settled suitability and negligence claims against register representative and broker dealer in Financial Industry Regulatory Authority (FINRA) arbitrations.

    • Commercial Litigation

  • In re Sheriff's Excess Proceeds Litigation – Won denial of motion seeking class certification on behalf of Pennsylvania Department of Treasury, where former property owners were seeking as much as $54 million from the Philadelphia Sheriff's Office in excess proceeds from property auctions.
  • SOC-SMG, LLC v. Day & Zimmermann – Obtained a $35 million award and an additional award of attorneys' fees in favor of client following a four-week arbitration between joint-venture partners for the joint-venture partner's failure to pay a note and dividends due under the parties' agreement, together with a finding of no liability on a $59 million counterclaim against the client. Obtained confirmation of arbitration award from the U.S. District Court for the Eastern District of Pennsylvania.

  • SARN SD3 LLC v. Czechoslovak Group, a.s. – Prosecuted claims for breach of contract concerning a call option agreement resulting in settlement of some claims and granting of summary judgment in others. On appeal to the Supreme Court of the State of Delaware.

  • SARN Energy LLC v. Tatra Defence Vehicle a.s. – Obtained judgment in Delaware state court for breach of contract concerning sale of armored vehicles to NATO countries.

  • SARN Energy LLC v. Wireless Advanced Vehicle Electrification, Inc. – Prosecuted claims for breach of contract and fraudulent misrepresentation involving technology for the wireless charging of transit buses in Delaware state court.
  • Wings to Go, Inc. v. Karacaogulu – Obtained injunction and damages judgment on behalf of national franchisor in the U.S. District Court for the Eastern District of Pennsylvania on claims arising from former franchisee's conversion of existing franchisee into a competing business.

  • Lynchburg Steel, RC Fabricators, Brayman Construction v. O'Neill Properties Group – successfully defended and resolved three federal or state court claims by products supplier as part of a complex, multi-party restructuring of a half-billion-dollar brownfield redevelopment project at a former steel plant.

  • NL Industries v. Sayreville Seaport Associates – defended and settled complex litigation for national land developer through several intricate and interrelated transactions involving a $2 billion redevelopment/brownfields environmental remediation project along the Raritan River in New Jersey.
  • Raritan Baykeeper v. Sayreville Seaport Associates – defending federal environmental claims against remediator / developer concerning $2 billion brownfield redevelopment project; won dismissal of all claims under federal abstention doctrine that was later reversed and remanded by appeals court.

  • Obtained on behalf of multinational company a decision from the Superior Court of Pennsylvania reversing jury awarded damages of breach of contract claim.

  • Represented a class of pathologists in the prosecution of claims for breach of contract arising out of improper reimbursement by a healthcare insurance company.

  • Obtained judgment on behalf of individuals and former owners of a software company in the prosecution of claims for breach of contract arising out of a merger agreement between technology companies.

  • Obtained settlement on behalf of a business entity in the prosecution of professional malpractice claims against entity's certified public accountant for failure to detect employee embezzlement.

    • Pro Bono/Community Involvement

  • Represented a mother pro bono in securing the return of her two minor children to their home country of Paraguay after a four-and-a-half day trial.

  • Represented a mother pro bono in securing the return of her child to their home country of Dominican Republic after a three day trial.

  • Represented grandmother pro bono in obtaining custody of grandchild.

  • Represented mother obtaining dependency over disabled adult son.

  • Represent children as court appointed child advocate in dependency hearings.

  • Represented individual pro bono in obtaining bequests in contested will of deceased husband.

  • Represented individuals pro bono in civil rights claims against local municipality.

Admissions

  • Pennsylvania
  • New Jersey
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Education

  • Brigham Young University, J. Reuben Clark Law School, J.D., magna cum laude, 2006
    - Managing Editor of Administration, BYU Law Review
    - Order of the Coif
  • Brigham Young University, Marriott School of Management, B.S. Accounting, magna cum laude, 2001

Experience

  • Duane Morris LLP
    - Partner, 2016-present
    - Associate, 2006-2015

Honors and Awards

  • Recipient of The Legal Intelligencer's 2016 Lawyers on the Fast Track
  • Part of the Duane Morris team awarded the first TD Bank "U.S. Legal Champion" Award

Professional Activities

  • J. Reuben Clark Law Society
    - Chair of Philadelphia Chapter
    - Chair, Planning Committee, 2017 Annual Conference
  • BYU Management Society
  • Coach, Little League Baseball

Selected Speaking Engagements

  • Presenter, “Understanding Levy/Garnishment and Litigation Risks,” April 20, 2021
  • Presenter, “Current Trends in Legal Ethics,” October 17, 2019

  • Presenter, "Fraud on Your Finance Department – Risks, Rules and Recommendations for Preventing Bank Account Frauds," Association of Corporate Counsel – Greater Philadelphia’s 11th Annual In-House Counsel Conference, Philadelphia, April 24, 2019

  • "Emerging Trends in AML, Counterterrorism and FCPA," Duane Morris Financial Institutions CLE Series, September 13, 2017
  • Presenter, "Retail Fraud: Costs, Claims and Other Considerations" - overview of sources of retail fraud affecting banks and related business impacts, Mar. 31, 2017
  • Presenter, "Know Your Customer" - requirements for Bank Secrecy Act / Anti-Money Laundering compliance programs, Mar. 16, 2016
  • "Class Arbitration Developments and Practice," Guest Lecturer, Complex Litigation Course, Villanova Law School, November 18, 2010
  • "E-Discovery: Practical Tips," Continuing Legal Education Seminar, Nov. 25, 2008
  • "Navigating a Class Arbitration and Issues Surrounding a Class Arbitration," Continuing Legal Education Seminar, Dec. 14, 2007

Selected Publications