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Overview

Patrick Downes concentrates his practice on complex commercial litigation, including consumer protection class actions and government regulatory actions and investigations brought by the Federal Trade Commission and state regulators, false and deceptive advertising actions and consumer claims. This experience encompasses a variety of industries, including behavioral advertising and affiliate marketing, debt settlement, member shopping clubs, merchant credit card processing and escrow obligations of title insurers.

Patrick has a proven ability to provide effective counseling in crisis situations and with respect to improving routine operations to minimize risk. He counsels regarding compliance with state and federal advertising requirements for consumers and in-house monitoring regarding third-party publishers’ compliance with same, cyber insurance (data breach) policies, management of safety-related product recalls, including indemnification and strategy regarding recall insurer, and supervision and direction of insurance panel counsel regarding products-liability claims. His litigation background enables him to provide real-world assessment of risk and concrete implications of business decisions.

He also maintains a general business litigation practice and has experience handling partnership disputes, securities class actions, SEC enforcement and state board of accountancy matters involving allegations of securities fraud, including misstated financial statements and accounting fraud, misleading projections, improper revenue recognition, improper accounting for special purpose entities and insurance reserves. These matters have involved entities in a variety of industries, including real estate, mortgage loan servicing, government contractors and health care.

Additionally, Patrick has substantial experience with insurance coverage disputes and obligations of corporate directors and officers.

  • California Litigation Traps for Digital Advertisers
    Speaker

Education

  • Boston University School of Law, J.D., cum laude Recipient, Academic Excellence Awards,

    Esdaile and Stone Moot Courts
    Case and Note Editor, International Law Journal

  • University of Michigan, B.A., Branstrom Award for Academic Excellence

Court Admissions

  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California

Bar Admissions

  • California

Affiliations

  • Member and Co-Vice Chair (2015-16), Cyberspace Law Committee, Business Law Section of the State Bar of California
  • Member, American Bar Association
  • Member, International Association of Privacy Professionals (IAPP)
  • Member and Co-Vice Chair, Cyberspace Law Committee, Business Law Section of the State Bar of California
  • Executive Committee Member of Business Law Section of the State Bar of California (2016-2017)