Edward PatrickSwan Jr. (Pat)

Of Counsel

San Diego + 1.858.703.3132

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With more than 40 years of experience as a trial lawyer, Pat Swan has been recognized dozens of times for his representation of clients in commercial litigation and white collar matters. Pat has handled complicated commercial cases, including business disputes, antitrust, copyright, unfair business practice, trade secrets, securities fraud, and products liability. He has also been responsible for the defense of nationwide class actions and criminal investigations and prosecutions. Pat served as a federal criminal prosecutor for more than seven years and has substantial grand jury, jury trial, and appellate experience.

As lead counsel, Pat has tried to conclusion numerous civil and criminal cases. He has also successfully litigated and resolved significant matters involving alleged insider trading, attempted monopolization, health care fraud, tortious breach of contract, and consumer class actions. He recently settled a nationwide civil RICO action seeking more than $3 billion in damages and an action to rescind a $60 million real estate transaction. He is currently handling several complicated commercial disputes and defending several ongoing government investigations involving allegations of civil and/or criminal wrongdoing.

Pat serves on the board and is an officer of the San Diego County Bar Foundation, and he also serves on the board and is an officer of Pro Kids | The First Tee of San Diego. He devotes time annually to pro bono activities and is an active member of various local, state, and national legal and bar organizations. Pat is currently on the Advisory Board of Best Lawyers®.

Experience

  • Medical device manufacturer obtains successful resolution of multiple government investigationsJones Day successfully represented a medical device manufacturer in obtaining a combined settlement of qui tam False Claims Act cases filed in four federal districts, which alleged violations of the federal health care Anti-Kickback Statute.
  • Medical equipment company responds to U.S. federal RFI, develops global strategy for responding to requests for specialized medical equipment in response to COVID-19 pandemicJones Day advised a medical equipment company in their response to a U.S. federal RFI for specialized medical equipment in response to the COVID-19 pandemic, in development of a global strategy regarding response to multiple state and country requests for specialized medical equipment, and in related antitrust and regulatory issues.
  • Manufacturer of bird food defends against putative class actionJones Day defended a manufacturer of bird food in a consolidated putative class action lawsuit alleging that the company sold bird food products that should not have been sold and seeking a refund of funds expended by consumers.
  • Qualcomm achieves global settlement with AppleJones Day represented Qualcomm Incorporated against Apple Inc. and four contract manufacturers of Apple devices in a lawsuit involving claims for breach of contract and violations of federal antitrust laws and the California Unfair Competition Law.
  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Global medical device manufacturer obtains advice relating to Commercial Sales Practices dataJones Day provided advice to a global medical device manufacturer in connection with a government request that the client provide Commercial Sales Practices (CSP) and other pricing data related to a reseller’s attempt to obtain a Federal Supply Schedule contract.
  • ResMed successfully resolves antitrust litigation brought by competitorJones Day represented ResMed Corp. in connection with antitrust litigation brought by 3B Medical, Inc. alleging monopolization and exclusive dealing.
  • International wind-farm developer defeats take-over attempt by prime contractorJones Day successfully defended one of the world's largest developers of wind-farm projects against a potentially dispositive application for interim measures under the ICC’s Emergency Arbitrator Rules.
  • Petro Source defends toxic tort cases related to sale of virgin mineral spirits to Safety-KleenJones Day is defending Petro Source Investments Inc. in 20 toxic tort cases coordinated in Los Angeles.
  • Energy company eliminates $2 million in damages and attorney’s fees on appealOn October 21, 2015, Jones Day obtained a ruling by the California Court of Appeal reversing a jury award of $1.3 million dollars in punitive damages, $629,560.88 in attorney’s fees, and $10,000 under the Labor Code Private Attorney General Act for a Fortune 100 energy company.
  • Fortune 500 company receives advice on anticorruption and other corporate compliance policiesJones Day is advising a U.S.-based Fortune 500 company on its anticorruption policy and related compliance policies for its global operations.
  • San Diego-based business resolves environmental enforcement actionJones Day successfully defended the President and Owner of a San Diego-based business in an enforcement action brought by the U.S. Attorney's Office (Southern District of California) and the Environmental Protection Agency, alleging violations of the Clean Water Act.
  • Fortune 200 company seeks representation in investigation involving U.S. Customs and Border Protection's Customs-Trade Partnership Against Terrorism programJones Day represented a Fortune 200 company in an investigation that arose after U.S. Customs and Border Protection ("CBP") discovered a large amount of narcotics that, unbeknownst to the company, had been secretly hidden inside a container used to transport the company's products across the U.S.-Mexico border.
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    January 2020 White Paper

    Evidence Collection in Criminal Investigations: Cross-Border Issues and Corporate Employee Considerations

    December 2016 Commentary

    U.S. Supreme Court Clarifies Standards for "Tippee" Insider Trading Liability

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