Patrick J. Loftus represents clients nationally in complex commercial litigation, with a focus on computer software litigation, non-compete and unfair competition cases, corporate governance, real estate litigation and construction law and litigation. Mr. Loftus is a no-nonsense trial attorney with the skill set to guide clients in business disputes from early investigation and discovery through trial and appeal. He has appeared in numerous state and federal courts involving a broad variety of contract and commercial disputes. Mr. Loftus has also handled numerous mediations and arbitrations of complex commercial and business disputes, including various international arbitrations. In addition, he is a frequent author and presenter on commercial litigation issues.
Mr. Loftus is a member of the Business Litigation Section and the Construction Law Committee of the International Association of Defense Counsel, the Section of Litigation and the Forum Committee on the Construction Industry of the American Bar Association, the Pennsylvania and Philadelphia bar associations and the Defense Research Institute. Mr. Loftus is a 1990 graduate of The Dickinson School of Law of the Pennsylvania State University and a graduate of Fairfield University.
Secured the complete dismissal of a putative class action complaint on behalf of the Scranton School District and 15 individual School Board Members. The Complaint had brought constitutional civil rights claims under 42 U.S.C. §§ 1983 and 1988 alleging that the Defendants had failed to take appropriate actions to remediate asbestos and lead pipes throughout various schools in the district. Successfully asserted that the Plaintiffs’ novel theory of liability did not amount to a cognizable constitutional claim, and that the individual Defendants were entitled to qualified immunity.
- Co-lead trial counsel to SAP America in case brought by the California State Controller’s Office regarding the implementation of a SAP payroll system for state employees, with damages alleged at more than $300 million.
- Lead counsel for SAP America in defense of claims brought by a California county government arising out of the implementation of ERP software, including RICO, conspiracy and aiding and abetting claims. After the federal district court granted client's motion to dismiss the RICO and conspiracy claims, the county agreed to dismiss all claims against our client. County of Marin v. SAP America et al., Case No. C 11-00381, (N.D. Cal., Illston, J., Nov. 2012).
- Lead counsel to an international food manufacturer in contract dispute with IT vendor regarding failed implementation of software. Columbus IT Partner v. Wenner Bread Products (E.D.N.Y. )
Trial counsel for SAP America defending a lawsuit brought by a customer of SAP regarding an implementation of SAP’s software. The customer sought damages in excess of $18 million on its fraud and breach of contract claims. After a two week trial involving 15 witnesses, a jury returned a defense verdict in favor of SAP. The Pennsylvania Superior Court affirmed on appeal. DeLuca Homes et al. v. SAP America et al.
- Lead trial counsel to a paintball distributor in a "bet the company" international arbitration against a Canadian paintball manufacturer. After twenty days of hearings, the arbitration panel determined that the parties' exclusive distribution agreement had been wrongfully terminated by the manufacturer and issued an award of more than $15,000,000 in favor of the client distributor.
- Lead trial counsel and appellate counsel for real estate developer in fraud claim brought by a tenant seeking in excess of $8,000,000. After a 15-day bench trial, trial court awarded client developer a defense verdict. On appeal, the Pennsylvania Superior Court affirmed the trial court's ruling. Synygy Inc. v. Preferred Real Estate Investments, Inc., (Pa. Super., November 2011).
- Lead counsel in a non-compete case on behalf of former employee. Trial court awarded declaratory judgment for former employee on basis that former employer had fired employee. After the case was remanded on appeal, trial court granted summary judgment in favor of client former employer on basis that former employee had not properly preserved its claims. Missett v. HUB International of Pennsylvania, 6 A.3d 530 (Pa. Super. 2010); on remand, Missett v. HUB International of PA, Case No. 08-22584 (Mont. Co., Pa., Del Ricci, J., April 2012).
- Counsel for semiconductor manufacturer in dispute concerning the interpretation of conflicting provisions in a patent license agreement. After two month bench trial, trial court found in favor of client manufacturer, resulting in client saving millions on patent royalty payments. The trial court's ruling was affirmed by the Delaware Supreme Court. Motorola, Inc. v. Amkor Technology, Inc., 958 A.2d 852 (Del. 2008).
- Counsel for business entity involving interpretation of the Federal Arbitration Act and the Delaware Uniform Arbitration Act. The Chancery Court entered a permanent injunction in favor of client that DUAA barred opponent's threatened claims. The Delaware Supreme Court affirmed on appeal. Business Planning Systems, Inc. v. Personnel Decisions, Inc., (Del. Supreme Court, March 2009).
- Counsel to several manufacturers in their claims against PeopleSoft (now owned by Oracle) alleging breach of contract and fraud claims arising out of the failed implementation of ERP software. The cases settled on confidential terms that the clients found favorable.
- Counsel to outside directors in a securities case brought by a United States Trustee in connection with the bankruptcy of publicly traded company. After preliminary discovery was complete, successfully negotiated a dismissal of claims against the directors.
- Counsel to an insurance conglomerate in its defense of a wrongful termination claim brought against it by a terminated software vendor. Following a three-week arbitration, the conglomerate prevailed on its counterclaim.
- Counsel to various schools and other real estate owners in connection with construction projects. Draft and negotiate owner-contractor construction contracts, owner-architect agreements, and owner-construction manager agreements for owners, contractors and design professionals.
- Counsel to an industrial manufacturer defending against a breach of contract/indemnification claim in the amount of $60 million. After extensive discovery, the district court granted our client's motion for summary judgment, a decision that was affirmed by the United States Court of Appeals for the Third Circuit. Dravo Corp. v. Imo Industries, Case No. 99-5477 (3d Cir. 2000).
- Lead counsel in a breach of a license agreement claim between a U.S.-based semiconductor manufacturer and a Japanese based watch manufacturer involving the sale and licensing of various patents. The case was tried under the auspices of the International Chamber of Commerce before a panel of three arbitrators.
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- Supreme Court of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Northern District of California
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the District of Connecticut
- U.S. District Court for the District of New Jersey
- The Dickinson School of Law, J.D., 1990
- Duane Morris LLP
- Partner, 1999-present
- Associate, 1990-1999
- Faculty member, IADC Trial Academy 2018, Stanford University Law School
- International Association of Defense Counsel
-Business Litigation Committee
-Construction Law Committee
- American Bar Association
-Section of Litigation
-Forum on the Construction Industry
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Defense Research Institute
Honors and Awards
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Co-author, "Challenging Cost Claims," Proving and Pricing Construction Claims, Third Edition, 2001
Co-author, "Riding the Choppy Waters of East River: Economic Loss Doctrine Ten Years Later," Defense Counsel Journal, April 1997
- "Does the Personal Injury Endorsement of a CGL Policy Provide Coverage for Environmental Damages?" Counterpoint, July 1994
Selected Speaking Engagements
- Presentation, "Best Practices in Pretrial Litigation in the Federal Courts: A View from the Bench," Philadelphia, Pennsylvania, November 7, 2019
- Presentation, "Judicial Independence: Alive and Well or On the Rocks?" IADC Annual Meeting, July 2012
- Presentation, "The Ethics of Data and Social Media in the New Electronic Age," IADC Annual Meeting, July 2012
- Presentation, "Claim Prevention for Pennsylvania Design Professionals," Lorman Education Services, Philadelphia, Pennsylvania, March 21, 2002
- Presentation, "Pennsylvania Construction Issues: Payment and Claims Process," Lorman Education Services, Philadelphia, Pennsylvania, December 13, 2001
- Presentation, "Reliance v. Lost Profits Damages: An Examination of the Differing Legal and Damage Issues," Forensic and Litigation Services Conference hosted by the Pennsylvania Institute of Certified Public Accountants, Philadelphia, Pennsylvania, December 12, 2000
- Featured Speaker, "Legal Issues to Consider to Ensure a Successful Project," PICPA 1996 Construction Industry Conference, Philadelphia, Pennsylvania, September 26, 1996