AREAS OF EXPERTISE
Real Estate
Business Litigation
Insurance
Employment
Technology
ATTORNEYS
Brandon C. Fernald
PartnerLOS ANGELES
15910 Ventura Blvd., Suite 1702
Los Angeles, California 91436
T: (323) 410-0300
F: (323) 410-0330
LAS VEGAS
3753 Howard Hughes Pkwy
Las Vegas, NV 89169
T: (702) 410-7500
F: (702) 410-7572
BIOGRAPHY
Brandon Fernald co-founded the Fernald & Zaffos APC in 2009. Prior to that, Brandon spent seven years practicing law in the Los Angeles office of the international law firm of Norton Rose Fulbright L.L.P, where he focused on general commercial as well as intellectual property litigation.
Brandon has significant experience litigating general business disputes, insurance and insurance broker disputes, as well as real estate matters.
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.
REPRESENTATIVE MATTERS
Restaurant/Hospitality
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.
Real Estate
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 new home buyer in a real estate nondisclosure dispute concerning the purchase of a home in Tujunga. After defeating multiple motions for summary judgment, the case settled favorably before trial, with the seller taking back the home.
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.
Administrative Law
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.
PROFESSIONAL ACTIVITIES
Professional Memberships
California State Bar
North Carolina State Bar
Illinois State Bar
Nevada State Bar
North Carolina State Bar
Illinois State Bar
Nevada State Bar
Professional Honors
2008 Bet Tzedek “Pro Bono Attorney of the Year“
2007 Los Angeles County Bar Trial Advocacy Program (TAP)
2007 Los Angeles County Bar Trial Advocacy Program (TAP)
Publications
“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
“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
Education
1999 – J.D., with honors, Duke University School of Law
1996 – B.A., cum laude, Political Science, University of California, San Diego
1996 – B.A., cum laude, Political Science, University of California, San Diego
