Brandi McKay

Scheef & Stone > Brandi McKay

McKay, Brandi

Brandi McKay

PARTNER
Office
2600 Network Boulevard
Suite 400
Frisco, Texas 75034
Overview
Ms. McKay is an experienced trial attorney representing national and regional clients in federal and state courts. She has represented clients with 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, healthcare, aviation, waste management, oil and gas, restaurant and hospitality, real estate, construction, technology, manufacturing, and retail.

Banking

  • Collections
  • Banking Litigation & Foreclosures
  • Loan Workouts
  • Loan Negotiation & Documentation
  • Regulatory Research

Construction

  • Construction Litigation
  • Contract Negotiation
  • Delay & Impact Claims
  • Design Malpractice
  • Government Contracts
  • Lien & Bond Claims

Corporate & Business

  • Contract Drafting & Negotiation
  • Corporate Entity Disputes
  • Corporate Finance
  • Corporate Governance
  • Corporate Reorganization
  • Direct Selling/ Multi-Level Marketing
  • Entity Selection & Business Formation
  • Joint Ventures & Partnerships
  • Shareholder Disputes
  • Venture Capital Transactions

Energy

  • Oil & Gas Fraud
  • Oil & Gas Litigation
  • Oil & Gas Transactions
  • Private Offerings & Placements
  • Intellectual Property
  • Copyright Litigation
  • E-Commerce
  • Internet & Social Media
  • Licensing & Technology Transfers
  • Media & Entertainment
  • Trademark Prep & Prosecution
  • Trade Secret Litigation
  • Trademark Litigation

Labor & Employment

  • Employment Agreements
  • Employment Litigation
  • Employee Benefits/ERISA
  • Executive Compensation
  • Management Education
  • Non-Competition Covenants
  • Wage and Hour Compliance

Litigation

  • Banking Litigation & Foreclosures
  • Construction Litigation
  • Computer Fraud & Privacy Litigation
  • Copyright Litigation
  • Cyber Insurance Coverage & Litigation
  • Direct Sales & Regulatory Matters
  • Employment Litigation
  • Insurance Defense
  • Oil & Gas Litigation
  • Product Liability Litigation
  • Professional Liability
  • Real Estate Litigation
  • Securities Fraud Litigation
  • Securities Litigation & Arbitration
  • State & Federal Appeals
  • Transfer Tax and Probate Litigation
  • Trade Secret Litigation
  • Trademark Litigation

Real Estate

  • Real Estate Acquisition and Sales
  • Commercial Leasing/Workouts
  • Commercial Loans & Loan Restructuring
  • Landlord/Tenant Disputes
  • Note Purchases & Sales
  • Real Estate Litigation

Securities & Finance

  • Broker/Customer Disputes
  • Corporate Finance
  • Mergers and Acquisitions
  • Private Offerings
  • Public Company Representation
  • Real Estate/Personal Property Finance
  • Receiverships
  • Regulatory and Enforcement Matters
  • Securities Fraud Litigation
  • Securities Litigation & Arbitration
  • 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
  • State Bar of Texas (2010)
  • 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

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 a 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 a 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 a 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 a favorable settlement against aircraft manufacturer and component manufacturer for claims of a 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 a 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 a 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).

  • Member, Business Litigation Section of California State Bar
  • Member, Dallas Bar Association
  • Member, Collin County Bar Association
  • Member, Defense Research Institute
  • Master’s in Dispute Resolution, Straus Institute of Dispute Resolution at Pepperdine University, 2009
  • Juris Doctor, Pepperdine University School of Law, 1999
  • Bachelor of Arts, Pepperdine University, 1995
  • Recognized as a “Southern California Super Lawyer—Rising Star,” 2005-2007
  • Phi Alpha Delta, Vice Chair, 1998 – 1999
  • Straus Institute of Dispute Resolution Fellowship 1999-2000
  • Order of Barristers, 1999
  • Pepperdine Honors Appellate Advocacy 1998-1999
  • Pepperdine National Moot Court Team 1998-1999
  • Finalist, Vincent S. Dalsimer Moot Court Competition, 1998 – 1999
  • First Place, Robert J. Traynor Moot Court Competition, 1998 – 1999
  • Semi-Finalist, Hispanic National Bar Moot Court Competition, 1997 – 1998