Brandon Fernald co-founded the Fernald Law Group LLP in 2009. Prior to that, Brandon spent seven years practicing law in the Los Angeles office of the international law firm of Fulbright & Jaworski L.L.P, where he focused on general commercial as well as intellectual property litigation.
Brandon has significant experience in complex products liability litigation, banking/securities litigation, patent litigation, and environmental litigation.
Brandon began his career at Kennedy Covington Lobdell & Hickman LLP (now K&L Gates) in Charlotte, North Carolina where he also focused on commercial and intellectual property litigation.
Brandon was admitted to practice law in the state of North Carolina in 1999, in the state of California in 2002, in the state of Illinois in 2006 and in the state of Nevada in 2008. He is admitted to practice before the United States District Courts for the Central, Eastern, Southern and Northern Districts of California, the Ninth Circuit Court of Appeals, as well as the Western and Middle Districts of North Carolina, the Fourth Circuit Court of Appeals, the United States District Court for the District of Nevada, the United States District Court for the Northern District of Illinois, and the Seventh Circuit Court of Appeals.
Represented owner of several restaurants in the Los Angeles area in a shareholder derivative action. Defeated ex parte application for temporary restraining order and appointment of receiver, as well as a subsequent application for preliminary injunction. Thereafter obtained a settlement for the client.
Represented owner of a bar and restaurant in downtown Los Angeles. Defeated ex parte application for temporary restraining order and appointment of receiver and thereafter obtained a favorable settlement for the client.
Represented owner of a bar in Hollywood in a shareholder derivative action. Defeated ex parte application for temporary restraining order and appointment of receiver. The litigation remains ongoing.
Represented sports bar chain in Los Angeles against shareholder derivative action. Successfully compelled arbitration and thereafter obtained the dismissal of the lawsuit.
Represented homeowner in a real estate nondisclosure lawsuit concerning the seller’s failure to disclose imminent construction adjacent to the buyer’s home. Obtained a very favorable settlement for the client.
Represented homeowner in a real estate nondisclosure lawsuit concerning the sale of a home in Hancock Park. After compelling plaintiffs’ depositions in Los Angeles, the case settled for a nominal sum.
Represented two directors in a board dispute involving one of the largest HOA communities in Southern California. Following an adverse trial court decision, we successfully obtained a temporary stay from the California Court of Appeals followed by a Writ of Supersedeas. A copy of the writ is attached HERE. The litigation remains ongoing.
Automotive Aftermarket; Products Liability
Represented aftermarket automotive supplier in a wheel-off case in Clark County, Nevada. Following extensive discovery, we prepared and filed targeted motions in limine in preparation for trial. The case thereafter settled for half of the plaintiff’s demand.
Insurance Broker Defense
Defended national insurance brokerage against a multimillion dollar claim involving life insurance placed by the brokerage. Following depositions, we prepared and filed a motion for summary judgment. Our client was subsequently dismissed, with prejudice and absent any payment for settlement. The case thereafter proceeded to trial against the insurer.
Represented accountant in disciplinary proceedings before the California Board of Accountancy. After successfully compelling the production of additional documents, we were able to obtain a favorable settlement for the client.
Represented state attorney in disciplinary proceedings before the State Personnel Board. Obtained a favorable settlement for the client.
Labor and Employment
Represented national hospital staffing company in lawsuit against hospital to enforce no hire clause in staffing contract. Prevailed on all claims following a three-day arbitration.
- California State Bar
- North Carolina State Bar
- Illinois State Bar
- Nevada State Bar
- 2008 Bet Tzedek “Pro Bono Attorney of the Year“
- 2007 Los Angeles County Bar Trial Advocacy Program (TAP)
- "Navigating Legal Pitfalls For Brokers," California Broker, November 2015.
- "Regulate Short-Term Rentals With A Well-Reasoned Amendment or Rule," CAI-GLAC Focus Magazine, July/August 2015.
- “Avoiding the Pitfalls of California’s Uniform Trade Secret Act,” IP Today, October 2009
- “Plaintiffs' Use of Aiding and Abetting Theories to Assert Claims Against Corporate Service Providers,”
Los Angeles Daily Journal, February 2004
- 1999 - J.D., with honors, Duke University School of Law
- 1996 - B.A., cum laude, Political Science, University of California, San Diego