Ryan E. Borneman
Associate

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

Phone: +1 215 979 1105
Fax: +1 215 689 4906
Email: reborneman@duanemorris.com

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Ryan E. Borneman

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Ryan E. Borneman practices in the areas of commercial, consumer lending and financial services litigation and appellate practice. His practice concentrates on financial, banking, real estate, consumer and securities issues. Mr. Borneman represents financial institutions, real estate developers, corporate entities and individual clients in complex commercial litigation matters and class actions in federal and state courts and in arbitral forums throughout the United States.

Mr. Borneman is actively involved on the boards of the Philadelphia Chapter of the J. Reuben Clark Law Society and BYU Management Society. Mr. Borneman is a member of the firm's e-discovery committee.

Mr. Borneman is an alumnus of the National Trial Advocacy College. Admitted to practice in Pennsylvania and New Jersey, Mr. Borneman 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.

Representative Matters

    Banking/Financial

  • Won dismissal for TD 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 can't be converted.
  • Won motion to dismiss for TD 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 summary judgment for TD Bank in the Court of Common Pleas of Philadelphia County in an action seeking $10 million in damages against TD Bank for breach of a deposit agreement resulting in an alleged raid of customer assets by dissident executives.
  • Landscapeworks v. TD Bank – won motion to dismiss for TD Bank under the Uniform Commercial Code (UCC) repeater rule in a check fraud case where an employee embezzled hundreds of thousands of dollars.
  • Cruz v. TD Bank, N.A. – represent TD Bank, N.A. before U.S. Court of Appeals for the Second Circuit after dismissal of putative class action for TD Bank, N.A. 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.
  • Villano v. TD Bank, N.A. – defending 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.
  • Cave v. Saxon Mortgage Servicing and Ocwen Loan Servicing, LLC – defending national mortgage loan servicer in several putative class actions pending in federal courts in Pennsylvania, Michigan, Florida and Texas.
  • Defended and settled suitability and negligence claims against register representative and broker dealer in Financial Industry Regulatory Authority (FINRA) arbitrations.
  • Real Estate

  • 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.
  • Lynchburg Steel v. O'Neill Properties Group – successfully defended and resolved federal court claims by service and products supplier as part of a complex, multi-party restructuring of a half-billion-dollar brownfield redevelopment project at a former steel plant.
  • RC Fabricators v. O'Neill Properties Group – successfully defended and resolved state court claims by product supplier as part of a complex, multi-party restructuring of a brownfield redevelopment project.
  • Brayman Construction v. O'Neill Properties Group – successfully defended and resolved state court claims by service and product supplier as part of a complex, multi-party restructuring of a brownfield redevelopment project.
  • Represented owners of commercial properties throughout the Commonwealth of Pennsylvania in assessment-reduction proceedings and successfully obtained assessment reductions for major commercial property owners.
  • Commercial Litigation

  • Represented the Pennsylvania Department of Treasury in defeating a putative class action brought by property owners, who were seeking as much as $54 million from the Philadelphia Sheriff's Office in excess proceeds from property auctions.
  • Obtained a $35 million award and 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.
  • Obtained on behalf of multinational company a decision from the Superior Court of Pennsylvania reversing jury awarded damages of breach of contract claim.
  • Obtained settlement on behalf of flour manufacturer from a macaroni manufacturer who failed to purchase flour that was put under contract when wheat prices were at an all-time high.
  • 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.
  • On behalf of a national bank, real estate developers, and other clients, frequently manage e-discovery collection and review of millions of pages of documents including collection of documents through targeted searches, refining and narrowing search terms and custodians, negotiating search terms with opposing counsel, performing privilege reviews, managing redactions and privilege logs, and production of relevant documents.
  • 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 individual pro bono in obtaining bequests in contested will of deceased husband.
  • Represented individuals pro bono in civil rights claims against local municipality.
  • Volunteer, Boy Scouts of America
  • Research Advisor, International Center for Law and Religion Studies

Areas of Practice

  • General Commercial Litigation
  • Complex Litigation/Class Actions
  • Financial Services Litigation
  • Consumer Lending Litigation
  • Appellate Practice
  • Broker-Dealer Litigation

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 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
    - Associate, 2006-present

Professional Activities

  • J. Reuben Clark Law Society
  • BYU Management Society

Selected Publications

Selected Speaking Engagements

  • "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