The Clark and Rude Law Firm

Mr. Rude has over 30 years of civil litigation experience in state and federal courts in San Jose and the Bay Area. By drawing on his reputation for thoroughness and integrity in the legal community, and by drawing on his network of trusted colleagues, Mr. Rude is able to provide high quality, cost effective legal services designed to achieve the client's objectives as efficiently as possible.

Mr. Rude's Background
and Experience

Mr. Rude was born and raised in Western Michigan as the son of a legendary trial lawyer. While in college, Mr. Rude worked summers as a professional water skier. He set the world's record for long distance water ski kite flying by flying a primitive home-made [pre-hang glider] water ski kite 150 feet above the tow boat for a distance of 90 miles non-stop across Lake Michigan at night.

Mr. Rude graduated from the University of Michigan with degrees in Philosophy, Astronomy, and Law, and did a year of post-graduate work at Michigan Law School in legal research and appellate brief writing. After clerking for a federal judge in Western Michigan and after serving a tour of duty in the U.S. Army as a Legal Clerk with the Army Air Defense Command at the Presidio of San Francisco, Mr. Rude moved to Los Gatos to practice law and raise a family. Mr. Rude has now been engaged in a civil litigation law practice in San Jose for over 30 years and his three lovely children have all graduated from college.

Mr. Rude is known for his willingness and ability to tackle novel and difficult cases. He has prevailed in a wide variety of civil litigation cases in both state and federal courts. Two of his most notorious cases have been featured in two national bestselling books, as well as on "60 Minutes". [See "Outrageous Betrayal" by Steven Pressman and "Coronary — A True Story of Medicine Gone Awry" by Stephen Klaidman]

Mr. Rude recently prevailed against the Department of Justice in Washington D.C. ["Main Justice"] in the 9th Circuit Court of Appeals in a $62 million federal whistleblower case. See United States ex rel. Campbell v. Redding Medical Center, 421 Fed.3d 817 (9th Cir. 2005). In that case, Mr. Rude represented the primary physician whistleblower in the Redding Medical Center open heart surgery scandal, where it was estimated that at least 1500 patients were subjected to medically unnecessary open heart surgeries, with little or no evidence of coronary artery blockage. The related fraud, assault and battery and elder abuse cases against the hospital and the doctors on behalf of the patients, who were victims of the scheme, settled for $440 million [the patients were represented by other law firms].

Other cases Mr. Rude has handled include:

• the unauthorized practice of psychology by large-group self-awareness training programs resulting in psychotic breakdowns and death [one case was proven by exhuming the deceased for autopsy 3 1/2 years after burial]
• product configuration copying by using the direct molding process [fiberglass power boats]
• trade secret misappropriation [computer software]
• patent infringement [two multi-million dollar settlements]
• wrongful termination of whistleblower employee in violation of public policy [$17 million verdict]
• wrongful termination of physician by HMO for offering medical services not covered by the plan
• age discrimination class action against the University of California on behalf of 115 older scientists at two local National Laboratories
• jeep rollovers on Hwy. 17 resulting in death and permanent brain damage
• insurance bad faith refusal to pay minimum policy limits to settle a clear liability leg-off case
• punitive damages in a drunk driving injury case where the drunk driver deliberately over-dosed on narcotic drugs and hard liquor and then went joy riding in his vehicle on several occasions
• wrongful termination of world-famous Russian computer scientist recruited by Silicon Valley venture capitalists
• multi-million dollar legal malpractice cases against several prominent Silicon Valley and San Francisco law firms
• and two title insurance cases where numerous parcels were insured free and clear of multi-million dollar recorded mortgages

In addition to his litigation practice, Mr. Rude has devoted considerable pro bono efforts over the years to assisting the local Open Space District in acquiring and preserving for public use thousands of acres of prime open space lands in the Santa Cruz mountains above Los Gatos, Saratoga and Woodside. As part of those efforts, Mr. Rude also formed a non-profit corporation to support the Town of Los Gatos in the Town's efforts to protect the St Joseph's Hill Open Space Preserve by successfully resisting the aggressive efforts of an off-shore developer to build a highway through the preserve. St. Joseph's Hill Open Space Preserve is located directly behind and above downtown Los Gatos and is now one of the most heavily used preserves on the peninsula.

As a result of his years of work in helping to acquire and preserve open space lands, Mr. Rude has also developed considerable experience in representing adjoining property owners in boundary line, fence line, encroachment, easement and private road disputes.

Mr. Rude is admitted to practice before all California state and federal trial and appellate courts.

Mr. Rude's hourly rate is $350 per hour for productive billable time.

In Memoriam: Daniel Clark 1962-2003
Daniel "Dan" Clark was a founding partner of the Clark & Rude law firm. Dan was a terrific lawyer, litigator, partner, father and friend to all who knew him. Clark & Rude is proud to carry on his legacy.