Brett L. McClure

BIO

Brett is a Shareholder and trial lawyer at the firm.  He focuses his practice on resolving the business disputes of his clients, from Fortune 500 companies to start-ups and high net worth individuals. He has served as lead or co-lead trial counsel representing plaintiffs and defendants in state and federal courts, as well as arbitration, across the nation.  Brett has been recognized for his litigation and trial work by The Legal 500, was recently named a Litigation and Trial Lawyer “Leader of Influence” by the Los Angeles Business Journal, and is included Lawdragon’s  “500 Leading Litigators in America.”

Brett is skilled in providing insightful and pragmatic advice to avoid disputes and to resolve them if they ripen. He has litigated cases in an array of industries, including real estate, banking, business and consumer technology, entertainment, professional services, manufacturing and insurance industries. Brett’s recent experience covers a broad spectrum of practice areas including complex real estate disputes, lender liability and creditor rights matters, consumer class actions, unfair competition, breach of contract, fraud and business torts, and employment and trade secrets.

Before joining Frandzel, Brett was a litigation partner at a top 50 global law firm.

PRACTICE AREAS

Business Litigation
Financial Services
Real Estate Disputes

EDUCATION

University of Southern California, B.S., Business Administration
Santa Clara University, J.D. (Emery Law Scholar)

ADMISSIONS

State Bar of California
US District Court, Central District of California
US District Court, Northern District of California
US District Court, Southern District of California
US District Court, Eastern District of California

MEMBERSHIPS & ASSOCIATIONS

American Bar Association
Los Angeles County Bar Association
Association of Business Trial Lawyers
Children’s Hospital Los Angeles, Men’s Guild member, 2023 – present
Board of Directors, La Canada Flintridge Educational Foundation, 2015 – 2018
Board of Directors, Los Angeles County Bar Association Counsel For Justice, 2014-2016

REPRESENTATIVE MATTERS

Business Litigation

  • National lead counsel for multiple commercial lenders in a wide variety of lending matters. To date all matters resolved favorably for clients.
  • Co-lead trial counsel for foreign based billionaire heirs involved in family litigation over business proceeds from development of property in Southern California.
  • Lead trial counsel for national transportation company in federal court breach of contract and trade secret theft suit, pursing millions for usurpation of business.
  • Lead counsel for multiple family offices and trusts involved in ongoing dispute over valuation of marquee retail property in Los Angeles. Well over $50MM at issue.
  • Lead trial lawyer defending high end residential developers in real estate and construction disputes throughout Southern California.
  • Lead trial lawyer for PE/hedge fund in fee dispute with professional service providers. Early and efficient settlement.
  • California counsel and lead trial lawyer for leading international expert consulting firm in multiple fee disputes. All matters resolved early and favorably.
  • Lead trial lawyer representing prominent Los Angeles-based residential developer suing its real estate broker for fraud and misrepresentation. Resulting settlement was one of the highest against a broker Southern California.
  • Lead trial lawyer for national grocery chain in California litigation matters.
  • Co-lead trial lawyer in dispute against prominent entertainment studio on behalf of vendor over an exclusive dealings contract. Settlement on very favorable terms.
  • Trial counsel in breach of contract and bad faith action against title insurer for failure to properly and diligently adjust multimillion dollar claim. Favorable settlement.
  • Lead trial lawyer for celebrity client in recovery of vintage automobiles. Successfully located and recovered property and resolved claims.
  • Lead trial lawyer for international distributor of patented environmental cleanup technology in breach of contract and fraud dispute.
  • Defense of on-line travel retailers in a “bet-the-company” civil enforcement action brought by the California Attorney General claiming that the business was a pyramid scheme. Case was successfully resolved before trial with a settlement that allowed the company to continue doing business in California.
  • As trial counsel, successfully secured dismissals, in state and federal courts, in lawsuits over payment of an interest bearing note and substantial damages, including punitive damages, attorneys' fees, and elder abuse damages.
  • Trial counsel defending client in a breach of contract and fraud suit regarding the supply of liquid nitrogen and liquid oxygen for use in space testing.
  • Trial counsel defending manufacturing client against allegations of terminal injuries as a result of occupational exposure to cosmetics and ingredients.
  • Defense of a United States-based arms and missile manufacturer in a federal court lawsuit involving alleged unpaid commissions owed for the sale of surface-to-air missiles to foreign governments. Early and aggressive motion practice resulted in the dismissal of plaintiff’s claims.
  • Prosecuted claims of the bankruptcy trustee entertainment industry payroll processors and pursued claims against its officers and directors for mismanagement and breach of fiduciary duty. Successfully obtained settlements/judgments of tens of millions of dollars.

Real Estate/Environmental

  • Lead counsel for multiple family offices and trusts involved in ongoing dispute over valuation of marquee retail property in Los Angeles.
  • Lead trial lawyer for residential and commercial real estate developer in multiple lawsuits claiming breach of contract and fraud.
  • Lead trial lawyer for private equity firm in real estate dispute alleging breach of contract and fraud claims.
  • Lead trial lawyer for homeowners against sellers and brokers for failure to disclose facts of “notorious” and “infamous” nature.
  • Lead counsel defending manufacturer in CERCLA environmental contamination action. Plaintiff claims remediation costs of over $50 million.
  • Lead trial lawyer for national restaurant chain on breach of lease and fraud claims against landlord. Early and aggressive discovery and motion for summary adjudication led to settlement of all claims for initial demand.
  • Lead trial lawyer for buyer of residential property seeking to enforce purchase and sale agreement against defaulting seller. Prevailed on all claims and closed transaction on terms more favorable than original agreement.
  • Trial counsel defending engineering firm in claims for professional negligence in design of soundproofing and other design systems for airports.
  • Trial counsel for large manufacturing client in lease dispute with commercial real estate brokers and property owners.

IP/Trade Secrets

  • Lead trial counsel for national transportation company in federal court breach of contract and trade secret theft suit, pursing millions for usurpation of business.
  • Trial counsel for industry-leading telecommunications clients in arbitration before the International Chamber of Commerce. The case focused on a dispute over software license scope and payments, and interesting telecommunications technologies in growth markets (including China, Thailand and Brazil).
  • Trial counsel for German-based multi-national corporation in a federal court breach of contract and fraud case involving the development and marketing of proprietary chemical polymers, and allegations of unfair business practices and fraud.
  • Trial counsel for technology solutions provider to the health care industry in a breach of contract and fraud case arising out provision of IT products and services to a hospital. Successful early motion practice resulted in avoiding a $100 million damage claim and recovery of millions on counter-claims.
  • Defense of allegations of patent, trademark and copyright infringement, breach of contract and fraud against our client over the importation of spinal screws manufactured in France. Case was settled on favorable terms before trial.

Labor & Employment

  • Lead trial counsel defending employment claims against prominent developer arising from the termination of an executive.
  • Lead trial lawyer defending multiple Los Angeles-based companies in disputes with their employees.
  • Trial counsel defending complex employment claims, in state and federal court, arising from the departure of an executive.
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Brett McClure, Attorney at Law