Ralph J. Swanson

Partner

Business Litigation; Alternative Dispute Resolution; Construction; Environmental; Real Estate

ralph.swanson@berliner.com
408-286-5800

Mr. Swanson has been practicing law since 1975.  During his many years of experience in commercial and environmental litigation, he has represented a variety of clients, from individuals to large, publicly-traded corporations, in business litigation, environmental and toxic contamination litigation, real estate matters, trade secrets, and closely held and family-owned business disputes. He also serves as a Judge Pro Tem, Settlement Conference Judge, Mediator and Arbitrator of such disputes through private and court-coordinated programs.

Education/Honors

• Santa Clara University School of Law, J.D., summa cum laude, 1975
• Editor-in-Chief, Santa Clara Law Review, 1974 - 1975
• Yale University, B.A., 1969

Representative Cases

• West Coast Equities Limited Partnership v. Robert P. Coyle, et al., Superior Court of California, County of Santa Clara, Case No. CV 743075
  Represented ground lessor under 99-year lease in environmental liability action against former subtenants. Case settled with defendants agreeing to complete remediation activities satisfactory to client and government enforcement agency
• Town of Los Gatos, et al. v. PG&E, Conagra, Inc., et al., Superior Court of California, County of Santa Clara, Case No. 718026
  Defended ConAgra in soil and groundwater contamination cost recovery action involving complex state and local statutes and regulations relating to responsibility for contamination and remediation. Achieved settlement satisfactory to client after private mediation
• Sobrato v. Litronix, et al., U.S. District Court, N.D. Cal., Case No. 9020524 (PVT)
  Defended former tenant of industrial property in federal superfund cost recovery action brought by property owner against tenant, former tenants and neighboring property owners. Case involved soil and groundwater contamination by chlorinated solvents and was settled to satisfaction of client after lengthy mediation before U.S. Magistrate
• Custom Chrome, Inc. v. Optima Wheel, Inc., Aerolite Performance Products, et al., Superior Court of California, County of Santa Clara, Case No. 736251
  Successfully defended designer of technique for chrome-plating motorcycle wheels in action by seller of after-market motorcycle equipment for breach of contract, fraud and theft of trade secrets. Plaintiff had attempted to enjoin client from continuing to manufacture and sell wheels employing the chrome-plating technique on a variety of legal grounds, but court denied two efforts to obtain preliminary injunction, and case eventually settled by plaintiff dismissing all claims with no payment of monetary damages
• Palm Computing, Inc. v. Olivetti Office USA, Inc., et al., U.S. District Court, N.D. Cal., Case No. C-99-20713 (JW)
  Defended major retail vendor against claim of software copyright infringement in sale of PDA computing device brought by manufacturer of Palm Pilot. Prior to court’s ruling on defense motion for summary judgment, plaintiff agreed to settlement on terms favorable to defendants
• Express Lumber, LLC v. CHEP, USA, U.S. District Court, N.D. Cal., Case No. C-99-21090 (JW)
  Successfully defended international distributor of wood pallets in breach of contract action brought by pallet builder seeking $4 million in damages. Jury returned defense verdict after a two-week trial
• Court House Plaza Company v. Cornish & Carey Commercial, Superior Court of California, County of Santa Clara, Case No. 1-04-CV-013559
  Successfully defended commercial real estate broker against claim of negligent misrepresentation in connection with the sale of a commercial parcel in Palo Alto, CA. Case was tried to the bench, which ruled in favor of the defendant broker after a two-week trial

Professional Admissions

• State Bar of California, 1975 - present
• United States District Court, Northern, Southern, Central & Eastern Districts of California
• United States District Court of Appeal, Ninth Circuit

Presentations

• "A View from the Trenches: Trying Environmental Law Cases," Santa Clara County Bar Association, 1996
• "The Need to Know: Ethical Issues in Environmental Reporting Requirements," Santa Clara County Bar Association, 1995
• "Minimizing Environmental Liability," National Business Institute, 1995
• "Proving the Technical Case: Soil and Groundwater Contamination," University of Wisconsin Dept. of Engineering, 1994

Activities/Memberships

• American Bar Association, 1976 - present
• Santa Clara County Bar Association, 1980 – present, Executive Committee; Environmental Law Section, Chair, 1996
• Santa Clara County Superior Court, Arbitration Administration Committee, Judge Pro Tem (Settlement)
• Symphony Silicon Valley, Board member, 2008 - present
• Cystic Fibrosis Research, Inc. (Palo Alto), President, Board of Directors, 1996 – 1998; Member, Board of Directors, 1992 - 1998, 2002 - 2003
• University Club of Palo Alto, President, Board of Directors, 2006 – present; Member, Board of Directors, 2003 - present

Personal

• Born Iowa City, Iowa, January 21, 1947
• Married, two children, two grandchildren
• Avid tennis player, golfer, skier

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