David L. Brandon
Member
David Brandon represents clients in a variety of claims, including class actions, landlord liability, commercial property management, fraud, breach of fiduciary duty, breach of commercial contracts, securities fraud, professional liability and intellectual property disputes.
David has represented private and public entities in state and federal courts at the trial and appellate levels for almost 40 years. In addition to teaching David how to obtain favorable results in litigation, this experience has also taught him how to assist his clients in identifying areas of risk within their business models, enabling David to provide his clients with solutions that reduce that risk.
David’s clients are involved in diverse sectors of the economy, including transportation, loan servicing, water supply, construction and design, insurance, housing, retail and professional services. He represents clients in both the prosecution and defense of a wide variety of claims, including class actions, landlord liability, commercial property management, fraud, breach of fiduciary duty, breach of commercial contracts, securities fraud, professional liability and intellectual property disputes.
Industries
Practice Areas
Education
J.D., Loyola Law School, Loyola Marymount University, Los Angeles, California, 1982
Northridge, California State University-Northridge, Northridge, California, 1979
Recognitions
AV Preeminent Peer Review Rated – Martindale-Hubbell
For fifteen years (2006, 2008-2021) David Brandon has been named a Southern California Super Lawyer in a survey distributed by Thomson Reuters, a distinction honoring the top 5% of lawyers in the region
Named among The Best Lawyers in America® – Ethics and Professional Responsibility Law by Best Lawyers (2023-2024)
Named Southern California Super Lawyer by Thomson Reuters (2008-2024)
Memberships
Los Angeles County Bar Association, Professional Responsibility and Ethics Committee, Member, 2004- Present; Chair, 2014-2015
American Bar Association
Adjunct Professor of Law, Loyola Law School, Los Angeles, teaching Appellate Advocacy, Law Practice Management and Professional Liability
Member – Clark Hill’s General Counsel Office
State Bar Licenses
California
Court Admissions
U.S. Court of Appeals, 9th Circuit
U.S. District Ct., C.D. of California
U.S. District Ct., E.D. of California
U.S. District Ct., N.D. of California
U.S. District Ct., S.D. of California
Representative Experience
- Obtained first published appellate decision delineating the duty of design professionals to non-clients, affirming summary judgment obtained in the trial court.
- Obtained published appellate decision affirming successful result in trial court, where the trial court quieted title to a “replicar” of a unique automobile replica of a film character.
- Obtained summary judgment for a government entity in a multi-vehicle collision resulting in the deaths of six individuals and serios injuries to a seventh.
- Obtained an appellate reversal of an erroneous trial court order dismissing a client’s seven-figure environmental claim and an erroneous trial court order assessing a six figure attorney fee award against the client.
Articles
- Author, “The Dos and Don’ts of Witness Compensation,” Los Angeles County Bar Association Update, December 2018
- Author, “Conflict Checks: When, Who and What,” County Bar Update, December 2017
- Author, “The Narcissism of Small Differences,” For the Defense, October 2016
- Author, “To Copy or Not to Copy: That is the Question,” Los Angeles County Bar Association, September 2016
- Author, “Easing the burden on your heirs in the event of your death,” Swiss Re Lawyers’ Professional Liability Risk Management Quarterly Newsletter
- “Concurrent Representation of Bankruptcy Debtor and Creditor May Be Permissible in Limited Situations,” LACBA, County Bar Update, March 2015
- “Do You Have a Dispute with a Successor Lawyer About Your Share of a Contingent Fee? You Have to Sue Your Client Before You Can Sue the Lawyer,” Lawyers’ Professional Liability Advisory, October 2014
- “Sending Contractual Notice to a Represented Party: Prudent Practice or Ethically Prohibited?” LACBA, County Bar Update, January 2014
- “Insurance Defense Counsel’s Affirmative Duty to Advance Conflicting Coverage Positions During Liability Litigation Results in Disqualification,” Lawyers’ Professional Liability Advisory, July 2013
- “Ninth Circuit Limits Review of First Amendment Based Defense,” Lawyers’ Professional Liability Advisory, April 2013
- “Professional Liability Committee Listserv, a Powerful Tool but Ethical Pitfalls Exist,” Riding the E&O Line, DRI Professional Liability Committee Newsletter, Volume 5 Issue 1, March 7, 2013
- “The Tripartite Relationship’s Protection for Attorney-Carrier Communications Extends to Non-Defense Retentions,” Lawyers’ Professional Liability Advisory, February 2013
- “Unlicensed Graduates of Professional Schools May Be Deemed Professionals Not Entitled to Overtime Pay,” Lawyers’ Professional Liability Advisory, October 2011
- “Easing the Burden on Your Heirs in the Event of Your Death,” Riding the E&O Line, DRI Professional Liability Committee Newsletter, Volume 3 Issue 1, March 14, 2011
- “UPDATE: UDC-Universal Development, L.P. v. CH2M Hill – California Supreme Court Denied Design Professional’s Petition,” May 6, 2010
- California Court of Appeal Limits Ability of Trial Court to Impose Monetary Sanctions for Unethical Conduct, Lawyers’ Professional Liability Advisory, July 2009
- Two Courts Limit Potential Exposure to Non-Clients, Lawyers’ Professional Liability Advisory, April 2009
- Attorneys Investigating Potential Claims Should Word Their Advertisements With Care, Lawyers’ Professional Liability Advisory, May 2008
- The Burden Of Full Disclosure Regarding Transactions With Clients May Be Too High To Satisfy, Lawyers’ Professional Liability Advisory, March 2008
- Continuous Representation Tolling Provisions Do Not Apply to Former Law Firms, Lawyers’ Professional Liability Advisory, October 2007
- Limitation of Liability Clauses and Equitable Indemnity Claims, Construction Briefings, September 2007
- California Supreme Court Imposes Duty on Attorneys To Refrain From Using Inadvertently Received Privileged Information, Lawyers’ Professional Liability Advisory, December 2007
- Don’t Delay – Act Right Away, Lawyers’ Professional Liability Advisory, January 2007
- The Hidden Perils of Metadata, Lawyers’ Professional Liability Advisory, September 2006
- “Reasonableness Rule Limits Damages Tied to Cost of Defense of Discovery Sanctions Motion,” Lawyers’ Professional Liability Advisory, June 2006
- Burning Issues: The Representation of Insureds Under Burning Limits Policies,” Los Angeles Lawyer, April 2004
Presentations
- Presenter, “Civility & Ethics at the Court of Appeal,” Appellate Courts Section, Los Angeles County Bar Association, May 27, 2021
- Presenter, “Ethical Speedbumps: The Delicate and Perilous Exercise of Dual and Tripartite Representation of Motor Carriers, Drivers, and Insurers in Catastrophic MVA Situations, and Other Ethical Quandaries,” Transportation Lawyers Association, Feb 2020
- Presenter, “Watch Your Step! Ethical Pitfalls for Lawyers,” DRI Professional Liability Seminar, November 2018
- Presenter, “Ethics and Professionalism,” California Department of Transportation Legal Division Tort Law Workshop, May 2018
- Presenter, “Formation and Termination of the Attorney-Client Relationship: Selected Topics,” Los Angeles County Bar Association, January 2018
- Presenter, “Ahead of the Curve,” Association of Southern California Defense Counsel, December 12, 2017
- Presenter, “Life After Death: Claims by Trustees of Insolvent Entities,” DRI Professional Liability Seminar, December 2017
- Presenter, “Ahead of the Curve,” Association of Northern California Defense Counsel, November 3, 2017
- Presenter, “Ethical Issues Arising Out of Representation of Title Insurers and Insureds,” Los Angeles County Bar Association, March 21, 2017
- Presenter, “Don’t Get Burned: The Effects of Burning Limits Policies on the Duties of Defense Counsel and Insurance Professionals,” DRI Professional Liability Seminar, December 2016
- Presenter, “Retainer Agreements: Building a Strong Foundation for Your Client Relationships,” State Bar of California, August 6, 2015
- “Understanding the Interplay of Ethics Complaints and LPL Claims: Protecting Against Damage from Companion Ethics Cases,” presentation at ACI’s Advanced Forum on LPL/Legal Malpractice and Litigation, June 1, 2012
- “Making Order Out of Chaos,” presentation at DRI Professional Liability Seminar, December 15, 2011
- “Navigating Through Burning Insurance and Ethics Issues in the Construction Defect Arena,” presentation to Orange County Bar Association Construction Law Section, June 1, 2011
- “Legal and Compliance Issues Related to Mortgage Servicing,” presentation to Habitat for Humanity National Affiliate Conference, March 23, 2011
- “Planning for the Inevitable: Easing the Burden on Your Heirs in the Event of Your Death,” LACBA, County Bar Update, March 2011
- “Ethical Issues in Burning Limits Policies,” presentation to Orange County Bar Association’s Insurance Law Section, January 28, 2011
- “Don’t Get Burned: The Ethical and Practical Dilemmas That Arise from Burning Limits Policy Claims,” DRI Professional Liability Committee Webcast, November 2, 2010
- “Ethical Issues in Burning Limits Policies,” presentation to Insurance Coverage and Claims Institute, April 15, 2010
- “Proper Use of Contingent Expert Contracts,” LACBA, County Bar Update, November 2009
- “Effect of Word Processing on Ethical Obligations When the Relationship Ends,” LACBA, County Bar Update, June 2008
- “Who’s Watching? Beware the Vulnerabilities of Communicating through Advanced Technology,” LACBA, County Bar Update, January 2006
- “Borissoff: Attorney Duties Can Run to Third Party that Legislature Determines Assumes Rights, Powers of Original Client,” LACBA, County Bar Update, November 2004
- “Is it Better to Burn Out or to Fade Away?”, American Bar Association, Fall 2004 National Legal Malpractice Conference, San Francisco, Panel Participant
- “Ethical Issues and the Burning Limits Policy,” West Coast Casualty Construction Defect Seminar, Panel Participant, May 3, 2003
- “Ethical Issues in Entertainment Law,” Beverly Hills Bar Association, Panel Participant, January 23, 2003
- “Claims Handling and Referral Procedures for Suspected Fraudulent Claims,” Westport Insurance Corporation, Panel Participant, August 23-24, 1999
- “Preventing Legal Malpractice in the Specialties,” Lawyers’ Mutual Insurance Company, Panel Participant, March 12, 1993