David L. Brandon

    Partner
    Morris Polich & Purdy LLP
    Los Angeles, San Francisco
    Direct: 213.417.5306; 415.984.8526
    Main: 213.891.9100

    Practice & Industry Focus Biographies:

    With over 30 years of experience, David Brandon represents clients in state and federal courts at the trial and appellate levels. His clients have been involved in diverse sectors of the economy, including lending, loan servicing, water supply, construction and design, insurance, housing, retail and legal services. He has represented clients in both the prosecution and defense of a wide variety of claims, including landlord liability, commercial property management, fraud, breach of fiduciary duty, breach of commercial contracts, securities fraud, professional liability and intellectual property disputes.

    David has taken an active role in the issues that are important to the members of the legal profession. In April 2004, he was featured on the cover of Los Angeles Lawyer in connection with his featured article “Burning Issues: The Representation of Insureds Under Burning Limits Policies.” He currently serves on the Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association. He has spoken to groups of business people, attorneys and law students on topics including the preservation of electronic evidence, ethics, claims prevention and the identification of fraudulent claims. David has also served as an Adjunct Professor at Loyola Law School in Los Angeles; he taught on the subject of Appellate Law for approximately 15 years, and is currently teaching a class on Professional Liability.

    Selected reported decisions include Weseloh Family Ltd. Partnership v. K.L. Wessel Const. Co. (2004) 125 Cal.App.4th 152; Carlson v. Blatt (2001) 87 Cal.App.4th 646; ITT Small Business Finance Corp. v. Niles (1994) 9 Cal.4th 245; and De La Pena v. Wolfe (1986) 177 Cal.App.3d 481.

    Practices & Industries:  Architect & Engineer Law  |  Appellate Advocacy  |  Commercial Litigation  |  Construction Law  |  Cyber, Privacy & Data Security  |  Lawyers' Professional Liability  |  Professional Liability  | Trademark & Copyright

    Education

    • Loyola Law School, 1982
    • California State University, Northridge, 1979

    Court Admissions

    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Central, Eastern, Northern and Southern Districts of California

    Bar Admissions

    • California, 1982

    Professional Memberships and Activities

    • Defense Research Institute, Professional Liability Committee, Program Vice Chair
    • American Bar Association
    • California State Bar’s Committee on Professional Liability Insurance (COPLI)
    • Los Angeles County Bar Association, Professional Responsibility and Ethics Committee
    • Adjunct Professor of Law, Loyola Law School, Los Angeles, teaching Appellate Advocacy and Professional Liability

    Distinctions

    • AV® Preeminent™ Peer Review Rated – Martindale-Hubbell
    • For eight years (2006, 2008-2014) David Brandon has been named a Southern California Super Lawyer in a survey distributed by Thomson Reuters, a distinction honoring the top 5% of lawyers in the region

    Other Information

    • Pro bono work for the Western Law Center for Disability Rights
    • Featured in "Member Spotlight" section of DRI's Riding the E&O Line, the Newsletter of the Professional Liability Committee, Volume 4, Issue 2

    Speeches, Publications and Email Alerts

    • "Sending Contractual Notice to a Represented Party: Prudent Practice or Ethically Prohibited?," County Bar Update, January 2014
    • "Insurance Defense Counsel’s Affirmative Duty to Advance Conflicting Coverage Positions During Liability Litigation Results in Disqualification," Lawyers' Professional Liability Advisory, July 2013 (Click here to view this article from the American Bar Association website)
    • "Ninth Circuit Limits Review of First Amendment Based Defense," Lawyers' Professional Liability Advisory, April 2013 (Click here to view this article from the American Bar Association website)
    • "Professional Liability Committee Listserv, a Powerful Tool but Ethical Pitfalls Exist," Riding the E&O Line, DRI Professional Liability Committee Newsletter, Volume 5 Issue 1, March 7, 2013 (Click here to view this article from the Defense Research Institute website)
    • "The Tripartite Relationship's Protection for Attorney-Carrier Communications Extends to Non-Defense Retentions," Lawyers' Professional Liability Advisory, February 2013 (Click here to view this article from the American Bar Association website)
    • Seminar Chair, DRI Professional Liability Seminar, December 6-7, 2012
    • "Understanding the Interplay of Ethics Complaints and LPL Claims: Protecting Against Damage from Companion Ethics Cases," presentation at ACI's Advanced Forum on LPL/Legal Malpractice and Litigation, June 1, 2012
    • "Making Order Out of Chaos," presentation at DRI Professional Liability Seminar, December 15, 2011
    • "Unlicensed Graduates of Professional Schools May Be Deemed Professionals Not Entitled to Overtime Pay," Lawyers' Professional Liability Advisory, October 2011 
    • "Navigating Through Burning Insurance and Ethics Issues in the Construction Defect Arena," presentation to Orange County Bar Association Construction Law Section, June 1, 2011
    • "Legal and Compliance Issues Related to Mortgage Servicing," presentation to Habitat for Humanity National Affiliate Conference, March 23, 2011
    • "Easing the Burden on Your Heirs in the Event of Your Death," Riding the E&O Line, DRI Professional Liability Committee Newsletter, Volume 3 Issue 1, March 14, 2011
    • "Planning for the Inevitable: Easing the Burden on Your Heirs in the Event of Your Death," County Bar Update, March 2011
    • "Ethical Issues in Burning Limits Policies," presentation to Orange County Bar Association's Insurance Law Section, January 28, 2011
    • "Don't Get Burned: The Ethical and Practical Dilemmas That Arise from Burning Limits Policy Claims," DRI Professional Liability Committee Webcast, November 2, 2010 
    • "UPDATE: UDC-Universal Development, L.P. v. CH2M Hill - California Supreme Court Denied Design Professional's Petition," May 6, 2010
    • "Ethical Issues in Burning Limits Policies," presentation to Insurance Coverage and Claims Institute, April 15, 2010
    • Proper Use of Contingent Expert Contracts, County Bar Update, November 2009
    • California Court of Appeal Limits Ability of Trial Court to Impose Monetary Sanctions for Unethical Conduct, Lawyers' Professional Liability Advisory, July 2009
    • Two Courts Limit Potential Exposure to Non-Clients, Lawyers' Professional Liability Advisory, April 2009
    • Effect of Word Processing on Ethical Obligations When the Relationship Ends, County Bar Update, June 2008
    • Attorneys Investigating Potential Claims Should Word Their Advertisements With Care, Lawyers' Professional Liability Advisory, May 2008
    • The Burden Of Full Disclosure Regarding Transactions With Clients May Be Too High To Satisfy, Lawyers' Professional Liability Advisory, March 2008
    • California Supreme Court Imposes Duty on Attorneys To Refrain From Using Inadvertently Received Privileged Information, Lawyers' Professional Liability Advisory, December 2007 (Click here to view this article from the American Bar Association website.)
    • Continuous Representation Tolling Provisions Do Not Apply to Former Law Firms, Lawyers' Professional Liability Advisory, October 2007 (Click here to view this article from the American Bar Association website)
    • Limitation of Liability Clauses and Equitable Indemnity Claims, Construction Briefings, September 2007
    • Attorney Self-Defense and the Duty of Confidentiality, County Bar Update, May 2007 (The website is http://www.lacba.org/showpage.cfm?pageid=7832)
    • Don’t Delay - Act Right Away, Lawyers' Professional Liability Advisory, January 2007
    • The Hidden Perils of Metadata, Lawyers' Professional Liability Advisory, September 2006
    • "Reasonableness Rule Limits Damages Tied to Cost of Defense of Discovery Sanctions Motion," Lawyers' Professional Liability Advisory, June 2006 (Click here to view this article on the ABA Standing Committee on Lawyers' Professional Liability Web Site.)
    • "Who's Watching? Beware the Vulnerabilities of Communicating through Advanced Technology," County Bar Update, January 2006 (Click here to view this article on the L.A. County Bar Association Web Site)
    • "Borissoff: Attorney Duties Can Run to Third Party that Legislature Determines Assumes Rights, Powers of Original Client,"County Bar Update, November 2004 (Click here to view this article on the L.A. County Bar Association Web Site)
    • "Burning Issues: The Representation of Insureds Under Burning Limits Policies," Los Angeles Lawyer, April 2004 (click here to view this article)
    • "Is it Better to Burn Out or to Fade Away?", American Bar Association, Fall 2004 National Legal Malpractice Conference, San Francisco, Panel Participant
    • "Ethical Issues and the Burning Limits Policy," West Coast Casualty Construction Defect Seminar, Panel Participant, May 3, 2003
    • "Ethical Issues in Entertainment Law," Beverly Hills Bar Association, Panel Participant, January 23, 2003
    • "Claims Handling and Referral Procedures for Suspected Fraudulent Claims," Westport Insurance Corporation, Panel Participant, August 23-24, 1999
    • "Preventing Legal Malpractice in the Specialties," Lawyers’ Mutual Insurance Company, Panel Participant, March 12, 1993
    • Frequent guest lecturer to law students on Law Practice Management and Ethics