Morgan Miller Blair

Mike Brown has over 25 years of trial and arbitration experience representing real estate and a variety of business clients, resolving disputes both before litigation develops and through the legal system. Mike has represented public and private homebuilders, real estate lenders and commercial banks, technology companies, commercial real estate companies, property owners and a wide array of other business clients in commercial disputes. 

Combining his courtroom experience and industry knowledge with the special expertise in Morgan Miller Blair’s  corporate, transactional real estate, distressed property, construction and risk management subgroups, Mike has taken the lead in numerous trials, arbitrations, administrative hearings and mediations.  Mike's special focus has been on disputes involving business contracts, and his recent cases have involved real estate purchase and sale agreements, commercial contracts for goods and services, loan agreements, commercial leases, insurance coverage, construction, and administrative law.  Mike’s leadership in community, bar association and building industry organizations have enhanced his business judgment which informs his client work. 

Representative matters Mike has recently handled include:

• Recovered purchase price, damages and attorney’s fees and rescinded purchase of Los Angeles County shopping center, negotiating settlement before jury selection, based on fraudulent concealment of construction deficiencies
• Successfully defended real estate buyer against seller's claims above and beyond liquidated damages, obtaining full recovery of buyer's attorney's fees following dismissal of seller's claims based on the purchase agreement
• Defended technology services company against breach of services contract claim, obtaining favorable settlement based on contract provisions on deliverables
• Represented real estate equity and debt financing lenders in litigation and disputes with borrowers over draw requests prohibited by loan documents
• Defended obligor on promissory note and pursued offset claims to oppose note holder's effort to accelerate the full obligation
• Represented real estate equity and debt financing lenders and commercial lenders in litigation and other disputes with borrowers over draw requests prohibited by the loan documents
• Represented international hotel company in dispute with landowner and redevelopment agency to preserve profitable long term ground lease
• Represent subdividers in investigations by the Department of Real Estate (DRE) and defend accusations before adminitrative hearing officers
• Represents homebuilders and developers in litigation over disputes between and among developers and public entities regarding cost sharing of infrastructure
• Obtained plaintiff’s verdict for commercial landlord in Contra Costa County Superior Court unlawful detainer trial, terminating a 50 year ground lease and cutting off right to extend the lease and recovering attorney’s fees and costs
• Obtained plaintiff’s verdict following Alameda County Superior Court trial, establishing commercial real estate broker’s right to be paid a sales commission and recover attorney’s fees, despite termination of listing agreement
• Obtained defense verdict from Arbitrator, defeating buyer’s post-closing damages claims regarding San Joaquin County property, collecting seller’s fees and costs
• Represented warehouse owner in response to structural collapse, settling insurance bad faith claims with liability insurer, settling damage claims against tenant and assisting transactional attorneys to complete “as is” sale of warehouse
• Successfully pursued Sacramento Superior Court action to obtain declaratory relief in public agency’s purchase of reserved parcels where reservation expired per the Subdivision Map Act

Mike has served in leadership positions at Morgan Miller Blair, as the firm’s Managing Shareholder (2000-02), Real Estate Practice Group Chair (2003-04) and Litigation Department Chair (1997-99).  Mike was a partner in the Walnut Creek office of Bronson, Bronson & McKinnon (1986-94) and began his law practice at Howrey & Simon in Washington D.C. (1982-85). 

Mike has been recognized as a Northern California “Super Lawyer” in the Law & Politics surveys consecutively from 2004-2010.  In 2007, Mike earned recognition as the “Top Real Estate Litigation Attorney” in the East Bay Business Times.

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