Education

Master’s Dispute Resolution, Straus Institute of Dispute Resolution at Pepperdine University, 2009
J.D., Pepperdine University School of Law, 1999
B.A., Pepperdine University, 1995

Awards

Order of Barristers


Recognized as a “Southern California Super Lawyer—Rising Star,” 2005-2007


Phi Alpha Delta, Vice Chair


Straus Institute of Dispute Resolution Fellowship 1999-2000


Brandi McKay

Biography

 Ms. McKay is an experienced trial attorney representing national and regional clients in federal and state courts, in a wide variety of business disputes involving fraud, unfair competition, breach of contract, trade secret, licensing, directors’ and officers’ liability, franchise and distributorship, employment disputes, RICO claims, secured transactions and equipment leasing. She has extensive experience representing clients in disputes across a wide array of industries, including: banking, debt collection, pharmaceutical and medical device, health care, aviation, waste management, oil and gas, restaurant and hospitality, real estate, construction, technology, manufacturing and retail. 

Representative Matters

Federal jury trial victory on behalf of national motel chain accused of fraud in a real estate transaction, after successfully winning summary judgment motion on six additional claims. Ohio Six Ltd. v. Motel 6 Operating LP and ACCOR North America, No. 2:11-CV-08102 (C.D. Cal. Jan. 7, 2014).

Effectively obtained writ of sequestration on behalf of national bank leading to successful repossession of secured collateral (jet aircraft). Sovereign Bank v. Capital Holding 182, LLC, et al., No. CV13-0603 (43rd District Court, Parker County, Texas, April 13, 2013); Sovereign Bank v. Life Settlement Equipment Leasing, LLC, et al., No. CV13-0606 (43rd District Court, Parker County, Texas, April 13, 2013). 

Successfully obtained dismissal of claims against wrongfully joined individual defendant and successful transfer of suit to federal court under contractual provision designating choice of law and venue. Cardiovascular Support, et al. v. SpecialtyCare Inc., et al., No. 3:13-CV-01718 (N.D. Tex., Sept. 17, 2013).

Effectively obtained writ of sequestration on behalf of national bank leading to successful repossession and third-party sale of secured collateral (jet aircraft), and positive settlement of claims. Sovereign Bank v. Jet Squared, LLC, et al., No. C201000732 (413th District Court, Johnson County, Texas Dec. 19, 2012).

Successfully defended commercial real estate brokerage firm in suit alleging breach of fiduciary duty and negligence claims. Kenneth LaPlante, et al. v. Regency Centers, L.P., et al., No. DC-12-04676 (192ND District Court, Dallas County, Texas January 23, 2014).

Obtained favorable resolution of claims involving breach of warranty, negligence and products liability filed on behalf of major dairy farm related to the manufacturing, distribution and installation of barn and milking parlor. Horizon Organic Dairy, LLC v. EAC Engineering, Inc., et al., No. CV-OC 10-23234 (4TH District Court, Ada County, Idaho  August 15, 2012).

Obtained favorable settlement against aircraft manufacturer and component manufacturer for claims of breach of warranty, breach of contract and fraud claims involving alleged defects in two aircraft. Chinn Aircraft Holdings LLC, et al. v. Cessna Aircraft Company, et al., No. 348-245792-10 (348th District Court, Tarrant County, Texas  September 9, 2012).

Effectively obtained writ of sequestration on behalf of equipment financier leading to successful repossession of heavy machinery. Volvo Financial Services v. Sergio Alberto Lamas, No. 2011-708 (346th District Court, El Paso County, Texas  September 14, 2011).

Obtained dismissal of claims brought by restaurant tenant against court-appointed receiver for major commercial property landlord.  House of Blues Houston Restaurant Corp. v. Mark Fowler, Receiver, et al., No. 2012-24990 (11th District Court, Harris County, Texas  December 4, 2012).

Successfully obtained dismissal of claims involving negligence and indemnification brought against client who performed horizontal directional drilling. Tres Palacios Gas Storage LLC v. Mr. & Mrs. Elray Matzke, et al., No. 42712 (329th District Court, Wharton County, Texas  November 26, 2013).

Successfully obtained temporary restraining order enforcing non-compete provision within medical partnership agreement.  North Texas Children’s Anesthesia, L.L.P. v. Christopher A. Clarke, M.D., No. 296-0150-2011 (296th District Court, Collin County, Texas  June 16, 2011).
 

Awards

  • Pepperdine Honors Appellate Advocacy 1998-1999
  • Pepperdine National Moot Court Team 1998-1999
  • Finalist, Vincent S. Dalsimer Moot Court Competition
  • First Place, Robert J. Traynor Moot Court Competition
  • Semi-Finalist, Hispanic National Bar Moot Court Competition

Court Admissions

  • Member, State Bar of Texas (2010)
  • Member, State Bar of California (1999)
  • Admitted to practice in United States District Courts for the Northern, Western, and Southern Districts of Texas and Central, Northern, and Southern Districts of California
  • Admitted to practice in United States Court of Appeals for the Ninth Circuit

Professional Involvement

  • Member, Business Litigation Section of California State Bar
  • Member, Dallas Bar Association
  • Member, Collin County Bar Association
  • Member, Defense Research Institute

Publications/Presentations

Co-Author, The Negative Impact of Litigation on Women’s Health Care, Gender Medicine, November 2005

Frequent Lecturer on Medical Products and the Law at the Regulatory Science Graduate Program, University of Southern California

Pro Bono Activities 

  • Appeals before Board of Education
  • Child Advocacy, Adoptions, and Guardianships
  • Former Pro-Tem Judge for Los Angeles Superior Court – Traffic and Small Claims Courts 

Frisco Office

Ph (214) 472-2100
Fx (214) 472-2150
2600 Network Boulevard
Suite 400
Frisco, Texas 75034

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