Morgan Miller Blair

Kevin Brodehl is a trial and appellate lawyer who delivers powerful advocacy and sage advice in business, intellectual property and real estate disputes.  He has over 11 years of courtroom experience and a proven track record of success in high-stakes jury trials, court trials, arbitrations, mediations and appeals. 

Kevin is a litigation partner who serves as vice-chair of the firm's Business & Technology Practice Group and member of the Real Estate Practice Group.  He has represented a broad range of companies based in the Bay Area and abroad in a variety of conflicts, including:

• Business Litigation– breach/rescission of contract; fraud; unfair competition and interference with contracts/customers; employee mobility and corporate raiding; "alter ego" liability; director and officer liability; breach of fiduciary duty; technology product defect; bankruptcy creditor and non-dischargeability claims; judgment collection; disputes over business ownership, management and control.
• Intellectual Property Litigation – trade secret misappropriation and protection, trademark infringement, protection and prosecution; patent infringement; technology licensing disputes; website domain name and meta tag trademark infringement.
• Real Estate/Land Use Litigation - breach/rescission of contract; fraud/nondisclosure; common interest development liability; inverse condemnation; claims under the Land Conservation Act ("Williamson Act"), Subdivision Map Act, Environmental Quality Act (CEQA) and Unruh Act.

Kevin takes pride in diagnosing and exploiting key leverage points early in a dispute, often obtaining decisive victory well before trial through summary judgment or favorable settlement.  Where early resolution cannot be achieved, he has handled many successful trials and arbitrations as lead counsel, including:

• Two-week jury trial in San Francisco Superior Court prosecuting an action to enforce promissory notes under the Uniform Commercial Code.  The jury found in favor of Kevin's client, and the court awarded a total judgment, including "prevailing party" attorney fees and costs, of $2.4 Million, approximately 8 times the face value of the original promissory notes.
• Jury trial set for 6 weeks in Alameda County Superior Court defending a former apartment building owner in an action alleging fraud and condominium conversion based claims.  Defeated many of the plaintiff's claims by summary judgment, leading to a complete settlement on the eve of opening statements for about 2% of the initial demand.
• Two-day arbitration, resulting in an award allowing his real estate developer client to exercise a contested option to purchase commercial property (defeating the seller's claims of invalidity) at less than half the price demanded by the seller.

Beyond trial work, Kevin also has uncommon experience and a growing list of notable victories at the appellate level.  He recently spearheaded the appellate efforts resulting in two published California Court of Appeal decisions shaping California law on the Land Conservation Act and the Subdivision Map Act, and also authored an amicus curiae brief filed by several Wi-Fi manufacturers and Microsoft Corporation in a closely watched patent infringement case in the Federal Circuit.  After winning his first civil appeal (reversing a final judgment) at the age of 29, Kevin has represented many parties and amici curiae in appeals and writs in state and federal appellate courts, and has lectured extensively on appellate practice.  From 2004 through 2007, Kevin served as President of the Appellate Section of the Contra Costa County Bar Association, and he has also taught Appellate Advocacy as an Adjunct Professor at John F. Kennedy School of Law.

Recent Experience:

Business Litigation:

• Represented a global bank based in the Netherlands as local counsel with Texas lawyers prosecuting a $100+ Million fraud and breach of fiduciary duty case against another top-tier European bank involving the purchase of bad commercial loan debt.  In that case, he 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.
• Second-chaired two-day court trial in the Oakland Division of the U.S. Bankruptcy Court, prosecuting a non-dischargeability action for fraud against a contractor who had filed for bankruptcy protection.  The court ruled in favor of Kevin’s client.
• 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.  After significant motion work during the early phase of the case produced favorable rulings that effectively fractured the plaintiff group, the case settled quickly for an amount far below the original demand.

Intellectual Property Litigation:

• Lead-authored amicus curiae brief filed by major Taiwan and U.S. Wi-Fi manufacturers and Microsoft Corporation in the U.S. Court of Appeals for the Federal Circuit in a closely watched patent infringement case.
• Lead attorney defending a startup industrial component distribution company in a lawsuit alleging trade secret theft.  Defeated opponent’s early motions for temporary restraining order and preliminary injunction, resulting in quick settlement for a tiny fraction of the original demand. 
• Defended a Bay Area print brokerage company accused of driving a vendor into bankruptcy by hiring the vendor’s key employees and allegedly misappropriating trade secrets.  Tactical motion work at the outset of the case defeated plaintiff’s largest claim for damages, and the case resolved favorably with an insurance company funding most of the settlement.
• Prosecuted Lanham Act trademark infringement and unfair competition claims for an internationally-known sporting equipment manufacturer against a competing enterprise selling infringing golf clubs.  After filing a strong motion for preliminary injunction at the outset of the case, the opponent quickly agreed to a settlement fully satisfying the client’s interests.
• 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.
  

Real Estate / Land Use Litigation:

•  Led appeal team effort on behalf of a Northern California County to enforce contract 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 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.
• Co-chaired one-week arbitration defending homebuilder from fraud claims by a group of homeowners.  After Kevin’s lengthy cross-examination of the plaintiff’s chief expert witness, and his direct examination of the chief defense expert, the case settled quickly and favorably, with insurance funding most of the settlement.
• Co-chaired arbitration defending developer in a dispute over liquidated damages flowing from a terminated purchase and sale agreement.  Obtained complete defense judgment, with an award of “prevailing party” attorney fees.
• Obtained summary judgment and “prevailing party” attorney fee award in favor of commercial real estate investment group accused of violating the California Common Interest Development Act in connection with a condominium conversion.
   

Admissions