Patricia P. Hollenbeck
Partner
Duane Morris LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
USA
Phone: +1 619 744 2250
Fax: +1 619 923 3508
Email: PHollenbeck@duanemorris.com

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 business litigation in a number of sectors including franchise, product manufacturing, technology and financial services. 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: trademark, copyright, trade dress, unfair competition, class actions, consumer lending litigation, technology and software licensing, products liability, UCC, and education. She has been involved in numerous trials in state and federal courts in front of both juries and judges. She has also arbitrated in excess of fifty cases before a number of arbitral forums, including the American Arbitration Association. Ms. Hollenbeck is a tenacious advocate for her clients, who prides herself on her strategic decision-making. Her clients routinely compliment her for her sensitive and detailed "front end" analysis of risk and expense as compared to expected outcome. Ms. Hollenbeck is admitted to practice in California and Colorado.

Ms. Hollenbeck is a member of the board of the Lawyers Club, chair of the Judicial Endorsements Committee, co-chair of the Membership Committee and co-chair of the Annual Golf Tournament, which benefits the Fund for Justice. She is immediate past chair of the Civil Litigation Section for the San Diego County Bar Association. In 2010, Ms. Hollenbeck was appointed to a three-year term on the State Bar of California Franchise Law Committee (Vice-Chair, Membership, 2011). She also serves 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.

Representative Matters

• 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 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 is still pending.
• 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.

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)
• Colorado Bar Association
• San Diego County Bar Association
  - Civil Litigation Section
  -- Chair, 2011
  -- Vice-Chair, 2010
  - Leadership Outreach Committee, 2011, 2012
• 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
  - Board of Directors, 2011-present
  - Chair, Judicial Endorsements Committee, 2010-present
  - Co-Chair, Membership Committee, 2011-present
  - 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

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

Experience

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

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, 2006-2007, 2007-2008
• Board of Directors, Del Mar Little League, Vice-President of Operations, 2005-2006, 2006-2007

Honors and 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

Selected 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

Selected Speaking Engagements

• 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