David Brandon has almost 30 years of litigation experience in the representation of clients in state and federal courts at the trial and appellate levels. His clients have been involved in diverse sectors of the economy, including lending, loan servicing, water supply, construction and design, insurance, housing, retail and legal services. He has represented clients in both the prosecution and defense of a wide variety of claims, including fraud, breach of fiduciary duty, breach of commercial contracts, securities fraud, professional liability and intellectual property disputes.
David has taken an active role in the issues that are important to the members of the legal profession. In April 2004, he was featured on the cover of Los Angeles Lawyer in connection with his featured article "Burning Issues: The Representation of Insureds Under Burning Limits Policies." He currently serves on the Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association. He has spoken to groups of business people, attorneys and law students on topics including the preservation of electronic evidence, ethics, claims prevention and the identification of fraudulent claims. David has also served as an Adjunct Professor at Loyola Law School in Los Angeles; he taught on the subject of Appellate Law for approximately 15 years, and is currently teaching a class on Professional Liability.
Selected reported decisions include Weseloh Family Ltd. Partnership v. K.L. Wessel Const. Co. (2004) 125 Cal.App.4th 152; Carlson v. Blatt (2001) 87 Cal.App.4th 646; ITT Small Business Finance Corp. v. Niles (1994) 9 Cal.4th 245; and De La Pena v. Wolfe (1986) 177 Cal.App.3d 481.
Professional Memberships and Activities
· Defense Research Institute, Professional Liability Committee, Program Vice Chair
· American Bar Association
· Member, California State Bar's Committee on Professional Liability Insurance (COPLI)
· Los Angeles County Bar Association, Professional Responsibility and Ethics Committee
· Adjunct Professor of Law, Loyola Law School, Los Angeles, teaching Appellate Advocacy and Professional Liability
· Former Adjunct Professor of Appellate Law, Loyola Law School, Los Angeles
Distinctions
· AV® Preeminent™ Peer Review Rated - Martindale-Hubbell
· 2012 Southern California Super Lawyer
· 2011 Southern California Super Lawyer
· 2010 Southern California Super Lawyer
· 2009 Southern California Super Lawyer
· 2008 Southern California Super Lawyer
· 2006 Southern California Super Lawyer
Other Information
· Pro bono work for the Western Law Center for Disability Rights
Speeches and Publications
· "Making Order Out of Chaos," presentation at DRI Professional Liability Seminar, December 15, 2011
· "Unlicensed Graduates of Professional Schools May Be Deemed Professionals Not Entitled to Overtime Pay," Lawyers' Professional Liability Advisory, October 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
· "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
· "Planning for the Inevitable: Easing the Burden on Your Heirs in the Event of Your Death," 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
· "UPDATE: UDC-Universal Development, L.P. v. CH2M Hill - California Supreme Court Denied Design Professional's Petition," May 6, 2010
· "Ethical Issues in Burning Limits Policies," presentation to Insurance Coverage and Claims Institute, April 15, 2010
· Proper Use of Contingent Expert Contracts, County Bar Update, November 2009
· 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
· Effect of Word Processing on Ethical Obligations When the Relationship Ends, County Bar Update, June 2008
· 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
· California Supreme Court Imposes Duty on Attorneys To Refrain From Using Inadvertently Received Privileged Information, Lawyers' Professional Liability Advisory, December 2007
· 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
· Attorney Self-Defense and the Duty of Confidentiality, County Bar Update, May 2007 (The website is http://www.lacba.org/showpage.cfm?pageid=7832)
· 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
· "Who's Watching? Beware the Vulnerabilities of Communicating through Advanced Technology," County Bar Update, January 2006
· "Borissoff: Attorney Duties Can Run to Third Party that Legislature Determines Assumes Rights, Powers of Original Client," County Bar Update, November 2004
· "Burning Issues: The Representation of Insureds Under Burning Limits Policies," Los Angeles Lawyer, April 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
· Frequent guest lecturer to law students on Law Practice Management and Ethics
Articles
3/14/2011, Easing the Burden on Your Heirs in the Event of Your Death
For attorneys, particularly sole practitioners, advance estate planning should include a plan for the disposition of your law practice in the event of your sudden death. While advance planning cannot save your loved ones from their grief over losing you, it can remove a source of tension from your stricken family and lessen the risk of potential liability to your estate.
Published in Riding the E&O Line, the newsletter of the DRI Professional Liability Committee.
3/1/2011, Planning for the Inevitable: Easing the Burden on Your Heirs in the Event of Your Death
The best time to plan for eternity is today. Planning for your sudden death should include a plan for the disposition of your law practice. While advance planning cannot save loved ones from their grief over their loss, it can remove a source of tension from your stricken family and lessen the risk of potential liability to your estate.
Published in County Bar Update, an e-publication of the Los Angeles County Bar Association.
5/6/2010, Email Alert - UPDATE: UDC-Universal Development, L.P. v. CH2M Hill - California Supreme Court Denied Design Professional's Petition
We had previously advised you about a case in which the California Court of Appeal held that a design professional owed an obligation to pay for the defense of its developer client pursuant to a contract of indemnity, even though the plaintiff had not alleged that the design professional had erred, and even though the jury eventually found that the design professional was not negligent in performing its services.
The design professional in that case sought review from the California Supreme Court or, in the alternative, an order depublishing the Court of Appeal's opinion. The Supreme Court recently denied the design professional's petition, which means that the UDC case remains the law in California.
11/1/2009, Proper Use of Contingent Expert Contracts
LACBA County Bar Update, November 2009, Vol. 29 No. 10
6/1/2008, Effect of Word Processing on Ethical Obligations When the Relationship Ends
Technical problems can cause difficulty when attempting to comply with ethical rules regarding retainer of client files.
LACBA County Bar Update, June/July 2008, Vol. 28 No. 6
5/1/2008, Attorneys Investigating Potential Claims Should Word Their Advertisements With Care
Simpson Strong-Tie Co., Inc. v. Gore
LPL eAdvisory, May 2008
3/1/2008, The Burden Of Full Disclosure Regarding Transactions With Clients May Be Too High To Satisfy
Iowa Supreme Court Attorney Disciplinary Board v. Winthroub
LPL eAdvisory, March 2008
12/20/2007, California Supreme Court Imposes Duty on Attorneys To Refrain From Using Inadvertently Received Privileged Information
Rico v. Mitsubishi Motors Corp.
LPL eAdvisory, December 2007
10/1/2007, Continuous Representation Tolling Provisions Do Not Apply to Former Law Firms
Beal Bank, SSB v. Arter & Hadden, LLP
LPL eAdvisory, October 2007
9/21/2006, The Hidden Perils of Metadata
What is metadata? Although the document on your computer screen looks like a two-dimensional piece of paper, it is really akin to a three-dimensional folder. The current version on the screen is the top document in the folder. But behind the screen is the rest of the folder, including all the draft versions, and it is stored on your computer. So, you did not just e-mail one document; you e-mailed an entire folder. You provided your opponent with a great deal of information: prior versions, edits, the identity of authors and editors, dates of alterations, the time expended on editing and the electronic notes that your client attached. See, e.g., Hricik and Jueneman, "The Transmission and Receipt of Invisible Confidential Information, 15 No. 1 Prof. Law 18 (2004).
Events
6/1/2012, Understanding the Interplay of Ethics Complaints and LPL Claims: Protecting Against Damage from Companion Ethics Cases
MPP partner David Brandon will speak on this topic at ACI's Advanced Forum on LPL/Legal Malpractice and Litigation in New York, from 12:45-1:45PM on June 1, 2012.
12/15/2011, Making Order Out of Chaos
MPP partner David Brandon will co-present this topic on Thursday, December 15 at the DRI Professional Liability Seminar in New York, New York.
Description: Professional liability policies have provisions that make them unique in the industry, including burning limits, consent provisions and "hammer" clauses. When Cumis/Peppers counsel get involved, things can become even more complicated. Who controls the defense? What should the insured client be told? Who should do the telling? When should these decisions be made? Our distinguished panel of chaos managers will guide you through the maze of practical and ethical issues that arise in these situations and explore ways to protect the insurer, the attorneys and the insured clients.
6/1/2011, Navigating Through Burning Insurance and Ethics Issues in the Construction Defect Arena
MPP partner David L. Brandon presented this topic to the Orange County Bar Association's Construction Law Section on June 1, 2011.
The presentation covered:
· Ethical issues regarding burning limits policies
· Pitfalls in advising clients about contractual terms requiring insurance
· Need for full disclosure in discovery
1/28/2011, Ethical Issues in Burning Limits Policies
MPP partner David L. Brandon presented this topic to the Orange County Bar Association's Insurance Law Section on January 28, 2011.
11/2/2010, Don't Get Burned: The Ethical and Practical Dilemmas That Arise from Burning Limits Policy Claims
MPP partner David L. Brandon discussed this topic in the DRI Professional Liability Committee's first ever Webcast on Tuesday, November 2, 2010.
Description: Claims arising under burning limits policies create unique issues for insurance professionals and defense counsel. Who controls the defense? What should an insured client be told? Who should do the telling? When should these decisions be made? In this webcast, you will hear perspectives from individuals representing three parts of the claims process - an insurance claims professional, a coverage attorney and a defense lawyer. They will discuss the practical and ethical issues that arise in these situations and explore ways to protect the insurers, the attorneys and the insured clients.
This Webcast has been approved for CLE credit.
4/15/2010, Ethical Issues in Burning Limits Policies
MPP Partner David Brandon spoke at the DRI Insurance Coverage and Claims Institute in Chicago, IL.
Description: The policy limits are exhausted and you need to inform your client that the insurer has terminated defense funding. Your attorney-client relationship up to this point may affect the client's reaction to the news - surprise, anger, the threat of a lawsuit or ethical complaint, a refusal to pay future defense costs, or cooperation and understanding. This program explores the ethical and practical aspects of the burning limits policy.