Kevin R. BrodehlAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4727
VCARD:
vcard
Profile

Kevin provides decisive litigation results and problem-solving for real estate investors, developers, and private money lenders/funds, with special emphasis on LLCs. He handles disputes involving:
 
  • real estate rights (purchase, option, lease, easements and restrictions, land use)
  • intra-entity issues (member/manager conflicts, fiduciary duties, dissolution and buyout)
  • secured lending (borrower/guarantor liability, foreclosure and one-action/anti-deficiency, lien priority, receivership, title and deed of trust issues)


Kevin also represents a variety of companies, from early-stage to public, spanning industries including technology, business services, and manufacturing/distribution in business disputes involving contracts, fraud, trade secrets and other intellectual property, alter ego liability, and unfair competition.

Deep Trial and Arbitration Experience

Courtroom experience sets Kevin apart. For almost 16 years he has focused entirely on litigation. Kevin won his first trial a day after he was sworn in as an attorney, won his first appeal three years later, and has served as lead counsel in trial, appeal, and arbitration proceedings ever since. Kevin’s experience allows him to effectively "diagnose" a dispute and leverage a favorable settlement or achieve victory at trial. Business objectives always drive his litigation strategy, and his efforts aim to safeguard and enhance his clients' profitability.

Appellate Remedies for "Broken" Cases

Kevin has earned a reputation for repairing cases that have suffered unfortunate results at the trial court level. He is frequently retained as appellate counsel to get unfavorable lower court rulings reversed at the court of appeal.

Experience

Kevin’s recent real estate and secured lending litigation:

  • Lead trial attorney representing manager of private money lender LLC defending claims by member based on fiduciary duties. Defeated two claims pre-trial; obtained dismissal of final claim (with prejudice) on third day of trial.

  • Lead trial attorney representing real estate developer and mezzanine lender in wrongful foreclosure claims against senior lender. Took over case after trial had already started; settled case favorably. Prevailed in later appeal regarding the settlement.

  • Representing master developer LLCs implementing $100+ million downtown development in claims against bank involving breach of trust deed, "bid chilling," and an attempted (but halted) "receiver sale," and related claims against national REIT development partner.

  • Representing secured note buyer and private money lender/servicer asserting claims for violation of common area deed restrictions impacting use and value of security property obtained through foreclosure.

  • Frequently handle commercial lease disputes, for both tenants (public high-tech company, national restaurant franchise) and landlords (commercial owners/operators/investors).

  • Represented Delaware "series LLC" operating cell tower portfolio. Took over case after entry of adverse judgment. Defeated "alter ego" motion; achieved quick settlement that directed previously untapped insurance funds to pay off entire adverse judgment and provide additional six-figure recovery to client.

  • Represented private money lender/servicer defending claims by rogue investor who wired funds into loan transaction escrow without signing participation agreement. Settled case favorably before trial.

  • Represented a regional franchisee of a major real estate brokerage in a case alleging trade secret theft. Case settled early and favorably, with all claims being dismissed in exchange for no monetary compensation.

  • Appellate attorney on many appeals involving real estate and foreclosure, including recent reversal of adverse judgment against developer and mezzanine lender clients in dispute against senior lender.

 

Real Estate Litigation:

  • Lead trial attorney representing apartment building owner/operator in a jury trial defending claims of fraud and statutory violations related to a condo condominium conversion. Settled after jury selection and before opening statements for only 2% of the plaintiff's initial demand.*

  • Lead trial attorney in binding arbitration representing a real estate development company and ground lessee seeking to exercise an option to purchase commercial property. Obtained award enforcing the option (defeating claims of invalidity) at less than half the “fair market" price demanded by seller.*

  • Led appeal team effort on behalf of a Northern California County to enforce contractual and regulatory rights over agricultural land governed by the California Land Conservation Act (Williamson Act).  Obtained complete reversal of trial court’s adverse judgment, which resulted in a published appellate decision – County of Humboldt v. McKee (2008) 165 Cal.App.4th 1476.  Also secured dismissal of opponent’s related appeal, and prevailed on a writ of mandate governing trial court proceedings on remand.*

  • Defended a commercial real estate owner from claims that it breached a contract to sell its commercial property by proving that the contract was illegal and unenforceable under the California Subdivision Map Act.  The court of appeal affirmed the trial court’s judgment in favor of client in a published decision – Sixells, LLC v. Cannery Business Park (2008) 170 Cal.App.4th 648.*

  • Co-chaired one-week arbitration defending homebuilder from fraud claims by a group of homeowners.  After lengthy cross-examination of the plaintiff’s chief expert witness, and direct examination of the chief defense expert, the case settled quickly and favorably, with insurance funding most of the settlement.*

 

Business Litigation:

  • Lead trial attorney in a two-week jury trial prosecuting a Uniform Commercial Code promissory note case; obtained judgment and “prevailing party” attorney fee awards totaling $2.6 Million.*

  • Co-counsel to global agribusiness lender pursuing $100 million fraud and fiduciary duty claims against another global bank involving the purchase of bad syndicated loan debt. Obtained appellate reversal of the lower court’s adverse judgment.*

  • Defended an international mail room equipment manufacturer in a large-scale contractual dispute with its national network of distributors following the client’s merger with a former competitor.  Favorable early motion rulings effectively fractured the plaintiff group, and the case settled quickly for an amount far below the original demand.*

  • Represented a sub-licensor of 900 MHz radio spectrum in action against a major wireless carrier for breach of operation and management agreement. Case settled weeks before trial for seven figures.*

  • Second chaired trial in U.S. Bankruptcy Court prosecuting a non-dischargeability action for fraud against a debtor. Obtained six-figure judgment in client’s favor.*

 

Intellectual Property Litigation:

  • Lead-author of amicus curiae brief filed by major Taiwan and U.S. Wi-Fi manufacturers (and joined by Microsoft Corporation) in the U.S. Court of Appeals for the Federal Circuit in a closely watched patent infringement case.*

  • Represented an industrial component distribution company and its chief executive accused of trade secret misappropriation. Defeated motions for temporary restraining order and preliminary injunction, resulting in quick settlement for a small fraction of the original demand.*

  • Co-lead attorney defending a print brokerage company accused of misappropriating trade secrets and driving a vendor into bankruptcy by hiring the vendor’s key employees. Defeated RICO claim on demurrer. Depositions and motion work set the stage for favorable settlement with an insurance company funding the majority.*

  • Prosecuted trademark infringement claims for an internationally-known sporting equipment manufacturer against a competing enterprise selling infringing golf clubs. Filed motion for preliminary injunction, which provoked quick and favorable settlement.*

  • Represented a Bay Area corporate inventor and licensor of patented water filtration devices prosecuting an action for breach of a patent license agreement against a large New York based global producer and distributor.  Shortly after the submission of briefing on a pivotal motion for summary judgment, the case settled on favorable terms.*



*Work done while at prior firm.

Publications

  • [Part 2] “Receiver’s Sales – Mirage and Major Hazard for Both Lenders and Receivers," co-author with Charles Hansen, Receivership News, Summer 2012
  • [Part 1] “Receiver’s Sales – Mirage and Major Hazard for Both Lenders and Receivers,” co-author with Charles Hansen, Receivership News, Spring 2012
  • "Ninth Circuit Cases Offer Guidance on Trademark Rights," Wendel Rosen Client Update, July 29, 2010
  • "Court of Appeal Serves Slice of Justice, Rejects Trade Secret Misappropriation Liability for End User of Stolen Source Code, Analogizing Software to Pie," Wendel Rosen Client Update, June 1, 2010
  • "Trade Secret Litigation - Developments in March 2009," Wendel Rosen Client Update, April 6, 2009
  • "California Supreme Court Invalidates Most Non-Competition Agreements," Wendel Rosen Client Update, August 12, 2008
  • "A Lie is a Lie: California Supreme Court Allows Tort Recovery for Fraud During the Performance of a Contract," author, Contra Costa Lawyer, June 2005

 

Available Articles:

Affiliations

NAIOP, Commercial Real Estate Development Association

California Mortgage Association (CMA)

Association of Business Trial Lawyers (ABTL)

Association for Corporate Growth (ACG), San Francisco Chapter

East Bay Economic Development Alliance

California Bar Association
  • Litigation Section, member
  • Intellectual Property Section, member

Committee on Civil Jury Instructions
  • Heavy involvement during conversion from BAJI to CACI

Contra Costa County Bar Association
  • Appellate Section, President (2004-2007)

First District Court of Appeal Community Outreach Program
  • February and October, 2006
Presentations

  • Adjunct Professor of Law, John F. Kennedy School of Law, Appellate Advocacy (Fall 2006)
  • "The Effective Appeal - Putting Punch in Your Briefs and Oral Arguments," co-panelist (with Justice Simons, Justice Stein and Myron Moskovitz), Contra Costa County Bar Association, November 2009
  • "Protecting the Record During Trial," panelist, Contra Costa County Bar Association, September 2008
  • "Stays Pending Appeal," roundtable moderator, Contra Costa County Bar Association, March 2005
  • "Winning Your Appeal During the Trial: Preserving the Record and Identifying Appealable Orders," co-presenter, Contra Costa County Bar Association, March 2004
Recognitions

Selected for inclusion in Northern California Super Lawyers magazine, 2012 - 2014