Patricia P. Hollenbeck is an experienced trial lawyer who represents clients in a broad range of matters before state and federal courts, as well as arbitration forums. Ms. Hollenbeck's practice focuses primarily on complex business litigation in a number of sectors including franchise, education, unfair competition and consumer legal remedies, consumer lending, technology and software licensing, products liability and commercial disputes. Her experience, as well as her ability to effectively manage and staff cases, has led to her retention by companies across a broad variety of industries. Ms. Hollenbeck's trial practice includes the following subject matters: franchise, education, trademark, copyright, trade dress, unfair competition and consumer legal remedies, consumer lending, technology and software licensing, products liability and commercial disputes. She has been involved in numerous trials in state and federal courts in front of both juries and judges. She has also handled hundreds of arbitrations, and has arbitrated to award in excess of fifty cases before a number of arbitral forums, including the American Arbitration Association. Ms. Hollenbeck also has extensive experience in defending class actions, and with pursuing injunctive relief (temporary restraining orders, as well as preliminary and permanent injunctions) for her clients. As a complement to her litigation practice, Ms. Hollenbeck also counsels businesses on litigation assessment, particularly at the time of business formation, and in connection with asset purchase transactions. Ms. Hollenbeck is a tenacious advocate for her clients, who prides herself on her strategic decision-making, her working relationship with her clients, and on her detailed analysis (both on the "front end" and through litigation) of risk and expense as compared to expected outcome. Ms. Hollenbeck is admitted to practice in California and Colorado. She represents her clients in California and across the United States.

In 2013, Ms. Hollenbeck was selected to Top Lawyers in San Diego (Trials). She was selected for inclusion in Super Lawyers in 2011, 2012 and 2013 (Business Litigation). In 2011 and 2012 she was named a San Diego County Top Attorney (Corporate Litigation). In addition, she has been AV® Preeminent™ Peer Review Rated by Martindale-Hubbell since 1999. She is a member of the board of the Lawyers Club of San Diego, where she serves as the Vice-President of Finance and Fundraising and as chair of the Judicial Endorsements Committee. She previously served as co-chair of the Membership Committee (2011-2013) and co-chair of the Annual Golf Tournament, which benefits the Fund for Justice (the charitable arm of the organization). Ms. Hollenbeck also just completed a three year appointment to the State Bar of California Franchise Law Committee (Vice-Chair, Membership, 2011-12). She is a past Chair of the Civil Litigation Section for the San Diego County Bar Association, and also served a three year term on the Board of Governors for the Association of Business Trial Lawyers, San Diego. For the past several years, Ms. Hollenbeck has served on the steering committee of the Duane Morris Women's Initiative.

Ms. Hollenbeck is the author of "Treatment of Spoliation of Evidence Issues and Excessive Verdict and Punitive Damage Issues in California," published in the American Law Firm Compendium, "Legal Malpractice: The Ever Darkening Cloud of Lawyer Liability," which was published in the Association of Business Trial Lawyers Report, and "Networking Strategies; Having Fun With Networking," San Diego Lawyer, The Journal of the San Diego County Bar Association, May/June 2011.

A member of the State Bar of California and of the American, Colorado and San Diego County bar associations, Ms. Hollenbeck is a 1984 graduate of the University of Colorado School of Law and a graduate of Stanford University, where she double-majored, was elected to Cap and Gown, and played on the women's varsity golf team.

Representative Matters

• 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.
• Defended private post-secondary institution against allegations of fraud, negligence and violations of the Consumer 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.
• 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.
• 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.

Admissions

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

Education

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

Other Experience

• Duane Morris LLP
  - Partner, 2005-present
• Buchanan Ingersoll LLP
  - Partner, 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)
• Colorado Bar Association
• San Diego County Bar Association
  - Civil Litigation Section
  -- Chair, 2011
  -- Vice-Chair, 2010
  - Leadership Outreach Committee, 2011, 2012, 2013
• American Inns of Court
• Defense Research Institute
  - Products Liability Subcommittee for Consumer Goods
• Association of Business Trial Lawyers, San Diego
  - Board of Governors, 2002-2004
• Lawyers Club of San Diego
  - Board of Directors, 2011-present
  - Vice-President, Finance and Fundraising
  - Chair, Judicial Endorsements Committee, 2010-present
  - Co-Chair, Membership Committee, 2011-2013
  - Co-Chair, Golf Tournament (benefiting the Fund for Justice, which serves "at risk" women and children), 2011
• Duane Morris Women's Initiative
  - Steering Committee, 2008-present
• San Diego Defense Lawyers
• Association of Southern California Defense Counsel

Board Memberships

• Board of Directors, Lawyers Club of San Diego, 2011-present
• 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 / Awards

• 2013 Top Lawyers in San Diego (Trials)
• San Diego Super Lawyers 2011, 2012 and 2013 (Business Litigation)
• San Diego County Top Attorney (Corporate Litigation), 2011, 2012
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Publications

• "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

Speaking Engagements

• "Products Liability and Risk Management," California Healthcare Institute/Duane Morris THE BLUEPRINT™ Webinar Series, July 9, 2013
• Faculty Member, NITA National Institute for Trial Advocacy Deposition Skills: Pacific Program, San Diego, California, January 2013
• Moderator, "How to Leverage Self-Evaluations for Professional Advancement," Lawyers Club Professional Advancement Committee, San Diego, California, October 29, 2012
• Co-presenter, "Networking Skills Mixer: Honing Your Elevator Speech," Lawyers Club Student Committee, San Diego, California, October 24, 2012
• Co-speaker, "Networking 101: Early Success Seminar Series," Lawyers Club of San Diego, San Diego California, April 10, 2012
• Co-speaker, "Contract Drafting - Tips and Pitfalls - From Transactional and Litigation Points of View," Lawyers Club of San Diego MCLE Presentation, San Diego, California, June 9, 2011