Kevin R. BrodehlAttorney

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

Kevin provides decisive litigation results for private money lenders (and related entities/funds), private equity vehicles, note/trust deed investors, and developers (who are often borrowers and guarantors) in disputes involving real estate and loans secured by real estate – primarily related to commercial (office, retail, industrial), multi-family, and raw land.

He has represented client in numerous matters, including:

  • Real estate secured financing disputes (borrower/guarantor liability; foreclosure and one-action/anti-deficiency; receivership; title, deed of trust, & lien priority issues)
  • Member/manager/partner conflicts
  • Commercial lease & purchase/option disputes


Kevin also represents mid-market companies across many industries in business litigation featuring: ownership/management rights; asset based loans; derivative claims; dissolution; contracts; fraud; alter ego liability; and intellectual property (trade secrets/trademarks).

Deep Trial and Arbitration Experience

Courtroom experience sets Kevin apart. For almost 16 years he has focused entirely on litigation. In fact, he won his first trial the day he  was sworn in as an attorney. Three years later, he won his first appeal, and he has served as lead counsel in trial, appeal, and arbitration proceedings ever since. His experience allows him to effectively "diagnose" a dispute and leverage a favorable settlement or secure victory at trial. Kevin believes that business objectives should always drive litigation strategy, and he strives  to safeguard and enhance his clients' profitability.

Appellate Remedies for "Broken" Cases

Kevin has  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 courtroom experience includes:

  • 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.

  • Lead attorney in a jury trial defending a former apartment building owner in an action alleging fraud and condominium conversion-based claims. Defeated several of plaintiff's claims by summary judgment. Remaining claims settled after jury selection and pre-trial motions for about 2% of the plaintiff's initial demand.*

  • Lead trial attorney in court trial defending claims of breach of fiduciary duty and declaratory relief regarding managerial authority over an LLC. Plaintiff agreed to dismiss his declaratory relief claim with prejudice during the third day of trial. Combined with pre-trial summary adjudication of the breach of fiduciary duty claim, client obtained complete victory.

  • Lead attorney in several cases involving temporary restraining orders and preliminary injunctions based on claims of trade secret theft, “corporate raiding” and solicitation, unfair competition, and trademark infringement.

  • Lead appellate attorney in several appeals, including two published victories in real estate disputes and an amicus curiae brief filed in the United States Court of Appeals for the Federal Circuit on behalf of Wi-Fi manufacturers, joined by Microsoft Corporation, in a globally watched patent infringement case.

 

Real Estate Litigation:

  • Lead attorney representing various private real estate secured lending entities in cases concerning foreclosure and lender/borrower/guarantor liability.  Resolved most cases through favorable pre-trial settlement.

  • Represented diverse clients – from a high tech telecommunications company to a national restaurant franchise – in commercial lease disputes.

  • 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 Kevin’s client in a published decision – Sixells, LLC v. Cannery Business Park (2008) 170 Cal.App.4th 648.*

  • Lead attorney in a jury trial defending a former apartment building owner in an action alleging fraud and condominium conversion-based claims. Defeated several of plaintiff's claims by summary judgment. Remaining claims settled after jury selection and pre-trial motions for about 2% of the plaintiff's initial demand.*

  • Lead trial attorney in binding arbitration representing a commercial real estate developer seeking to exercise a contested option to purchase office property. Obtained award enforcing exercise of the option (rejecting seller’s claims of invalidity) at Hausrath, less than half the “fair market value” price demanded by seller.*

  • 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.*

  • Represented master developer of large town center project in a Bay Area city prosecuting claims (in the trial court and on appeal) against major bank for wrongful foreclosure, breach of deed of trust, and to stop an attempted “receiver sale” of security property worth over $100 million.

 

Business Litigation:

  • Defended an international mailroom 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.*

  • 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.

  • Lead trial attorney in court trial defending claims of breach of fiduciary duty and declaratory relief regarding managerial authority over an LLC. Plaintiff agreed to dismiss his declaratory relief claim with prejudice during the third day of trial. Combined with pre-trial summary adjudication of the breach of fiduciary duty claim, client obtained complete victory.

  • Represented one of the world’s premier agribusiness lenders based in the Netherlands prosecuting a $100 Million fraud and breach of fiduciary duty case against a large United Kingdom bank involving the purchase of bad syndicated loan debt. Kevin was involved with substantial briefing at the trial court level and also at the California Court of Appeal, where the client successfully obtained reversal of the trial court’s adverse judgment and several key pre-trial rulings.*

  • Represented various company stakeholders (LLC managers, corporate shareholders, partners) in cases determining entity control and authority, often including claims of breach of fiduciary duty.

  • Represented equipment manufacturers, buyers, lessors, and lessees in UCC sale and lease disputes.

  • 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-authored 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.*

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

  • Lead attorney defending a startup industrial component distribution company and its chief executive accused of trade secret misappropriation. Defeated opponent’s motions for temporary restraining order and preliminary injunction, resulting in quick settlement for a small fraction of the original demand. Client’s business is now thriving.*

  • 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
  • "New Decision Holds Domain Registrar Not Liable to Victim of Email Spam," Wendel Rosen Client Update, January 26, 2011
  • "Ninth Circuit Explains "Anti-Circumvention" Right Arising from the Digital Millennium Copyright Act," Wendel Rosen Client Update, January 21, 2011
  • "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

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