I am a trial lawyer who handles a variety of commercial disputes. I have handled large cases in industries that run the gamut from real estate, commodities and banking to healthcare, biotechnology and semiconductors.
My ability to take cases to trial, and my experience at doing it, helps to move cases forward successfully. Although most cases are resolved before trial, it’s crucial to have that trial experience backing up the litigation, no matter what path the case ultimately takes to resolution.
I make sure to pay attention to the big picture of a case. I run into many lawyers who focus on day-to-day skirmishes of a dispute and completely forget about the strategy that moves a case forward and ultimately results in resolution.
Lecturer for the State Bar’s Continuing Education of the Bar program for attorneys, “Recent Developments in Real Property Law.”
Litigation has gotten expensive, and it takes a long time for a case to go to trial. I’m not afraid to work with my clients to figure out ways to resolve cases without going to trial.
Boutin Jones Inc. served as counsel in the trial court and on appeal for borrowers on an alleged $1.2 million debt secured by real property. The firm succeeded in achieving summary judgment in the action based on the one-form-of-action rule, and affirmance of the judgment in the Court of Appeals, successfully advancing both procedural and substantive arguments to eliminate the lawsuit and any personal liability for the alleged debt. Shareholders Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.
Civil, Commercial and Business Litigation
Defended an international semiconductor consortium in federal court involving claims for alleged attempted monopolization under Section 2 of the Sherman Act and unfair competition under California’s unfair competition law. Case favorably resolved for client on eve of trial.
Served as special litigation counsel to trustee in one of the largest Chapter 11 bankruptcy cases ever filed in the Eastern District of California Bankruptcy Court.
Achieved judgment as lead trial counsel in favor of board members of a nonprofit after three-day trial seeking access to information controlled by the corporation.
Represented a biotechnology company in trade secret litigation against former senior level employee. Case favorably resolved for client on eve of trial.
Achieved judgment for directors and members of nonprofit religious organization after four day bench trial seeking relief under Corporations Code section 9414(a). Following trial, the Court entered judgment ordering a Special Meeting of the Members, waiving quorum requirements for the Special Meeting.
Represented over 7,000 investors nationwide in successful multi-action securities fraud litigation.
Represented confectionary company in Proposition 65 litigation. Favorably resolved for client prior to engaging in extensive discovery.
Defended commodity company in federal action in Southern District of New York against Third Party Claims, including international depositions in Amman, Jordan. Favorably resolved for client prior to trial.
Defended franchisor against claims asserted by largest franchisee in two actions in federal court in Dallas, Texas. Favorably resolved for client through early mediation prior to engaging in extensive discovery.
Director and Officer Liability Litigation
Lead the defense of eleven former officers and employees of a software start-up against $250 million damage claims for alleged breach of fiduciary duty, fraud and misappropriation of trade secrets. Case settled during jury selection for one percent of amount sought at trial.
Achieved complete defense for regional employee leasing company as lead trial counsel in two-week wrongful termination/whistleblower trial.
Successfully defended healthcare system against state law antitrust (Cartwright Act) and related competition claims, prevailing on summary judgment on all claims.
Defended publicly traded national healthcare corporation against Qui Tam complaint in federal district court. Case settled following completion of non-expert discovery.
Boutin Jones Inc. served as counsel for a medical group in a dispute with a capitated health plan over the method of computing the capitated payments owed to the group under the parties’ agreement. The dispute arose after the passage of the federal Deficit Reduction Act of 2005 and the subsequent publication by Centers for Medicare and Medicaid Services (CMS) of Outpatient Prospective Payment System Relative Value Units (OPPS RVUs). The firm achieved a favorable settlement during the arbitration hearing which resulted in higher compensation to the group on a going-forward basis. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.
Real Estate Litigation
Achieved a defense verdict as lead trial counsel in a four week jury trial, defending sellers of an $18 million apartment complex.
Represented commercial property owners against claims brought by Redevelopment Agency concerning development of the K Street Mall in downtown Sacramento, achieving favorable settlement for property owners in excess of $18 million.
Achieved judgment for defense as lead trial counsel in three-week multimillion dollar real estate trial for privately held national shopping center developer and owner against fraud claims related to commercial lease; and achieved judgment in favor of our client on its cross-claims for breach of the lease in excess of $4 million.
Bob Swanson’s law practice focuses on business, healthcare and real estate litigation. His experience includes litigation involving antitrust and unfair competition claims, intellectual property claims, director and officer liability claims, shareholder disputes (including shareholder derivative claims), franchisor/franchisee disputes, partnership disputes and dissolutions, real property disputes, developer liability claims, wrongful termination and discrimination claims, Proposition 65 litigation and Qui Tam (False Claims Act) claims. Bob’s practice encompasses federal and state courts trials, binding arbitrations and appeals.
I tell new lawyers, ‘Make sure the work you are doing is about the client and never about you.’ Too much litigation becomes about the lawyers and how they feel in the heat of battle; the client and its interest get lost. Professionalism and exceptional litigation skills are not mutually exclusive.