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Nossaman LLP

Brendan F. Macaulay

Partner

T 415.438.7204
F 415.398.2438
50 California Street, 34th Floor
San Francisco, CA 94111

Brendan Macaulay has more than 20 years experience in complex business litigation in state and federal court, including litigation related to real estate, business torts, commercial transactions, contracts, professional malpractice, partnership disputes, and bankruptcy matters.

Mr. Macaulay chairs Nossaman’s real estate litigation group.  His real estate experience includes resolving disputes over commercial leases, commercial and residential sales, development, property management, boundary issues, title insurance, and claims involving brokers and contractors.

Mr. Macaulay has first and second chaired a number of arbitrations and trials, and briefed and argued cases before the California and Ninth Circuit Courts of Appeal.

Representative Work

Commercial Litigation

  • Various Clients.
    Advise multiple public and private clients on breach notification and liability issues relating to actual, threatened and potential data breaches, including healthcare records, financial information, consumer data and other personally identifiable information.
  • Copper Harbor v. Central Garden & Pet Supply.
    Representing creator of automated manufacturing process against maker of ant stakes for misappropriation of trade secrets under the Uniform Trade Secrets Act, breach of contract/NDA and unfair competition.  Obtained multi-million dollar verdict after two month jury trial.  
  • In Re Specs.
    Represented U.S. distributor of scientific research equipment in claims against German manufacturer over breach of distribution agreement, trademark infringement, cybersquatting, and related claims in federal court.
  • Vemics, Inc. v. XYZ.
    Represented publicly traded technology escrow company in multi-jurisdictional action in state and federal courts arising from claimed loss of software source code.  Case involved claims of copyright infringement, breach of fiduciary duty, breach of contract and claimed damages of $100 million.
  • Securities and Exchange Commission v. Pattison.
    Defended controller of Embarcadero Technologies  (NASD: EMBT) in action by SEC over claimed stock options backdating and false SEC filings.  Obtained defense verdict on all securities fraud claims after 3 week federal jury trial.
  • Mayorga v. XYZ.
    Defended putative class action lawsuit against publicly traded client for claims of unfair competition (Bus. & Prof. Code § 17200) and alleged violations of the Consumer Legal Remedies Act and RICO.
  • Amtower v. Photon Dynamics, Inc. et al.  
    Represented Photon Dynamics, Inc. (NASD: PHTN) in a securities fraud and breach of fiduciary duty case.  Plaintiff alleged federal and state law claims of fraud arising out of a merger agreement and registration statement, claiming that the acquiring company misrepresented transferability of the shares and scope of the acquiring company's insider trading policy.  After a 5 week trial, the jury returned verdicts for all defendants on all causes of action.
  • Transitional Investors, LLC. v. Michael J. Jackson, MJ Publishing Trust, et al.  
    Represented private equity client in action against entertainer and his trusts for breach of contract arising from $330 million refinancing.

Real Estate Litigation

  • AgLand Trust v. Uni-Kool, LP, et al.
    Co-counsel for agricultural land trust seeking to enforce agreement to convey fee title to 200 acre farm in Salinas, CA.  Obtained favorable verdict and title to property.
  • Lease Disputes for Restaurant Chains.
    Represent owner of several restaurant chains in multiple lease disputes relating to lease termination, waste, assignments, buyouts, market rent, subleases, and option exercises.
  • Schellinger Bros. v. Cotter.
    Appellate counsel for owner of 20+ acre property in action against purchaser arising from failed development in Sebastopol, CA.
  • New Horizon LLC v. Fremont Surgery Center, LP.
    Trial counsel for surgery center in action over termination of long term lease.
  • Feldstein Enterprises LP v. XYZ.
    Defend tenant in $4 million breach of lease claim by landlord under long term industrial lease relating to condition of property at termination.
  • In Re Lompa.
    Represent owners of real estate portfolio in bankruptcy proceeding; case involves sales, leasing, lender, boundary, entitlement and water issues for agricultural and developable residential parcels.  Included separate suit against adjacent landowner to enforce EIR mitigation measure requiring access for 50+ acre development property.
  • Eskanos v. Concord Park Plaza, Ltd.
    Represented client in quiet title action over $2.4M commercial property.  Obtained title.
  • In Re Acosta.
    Represented owners of industrial and residential real estate in bankruptcy proceeding; case involves sales, leasing, lender, and entitlement issues.  First chaired trial on valuation of vacant 20 acre waterfront parcel in SF valued at $25M. 
  • Kensington v. Masonite Corporation.  
    Represented manufacturer (NYSE: IP) of hardboard siding product against claims of product defect and related construction defect litigation arising from 300+ unit apartment complex. Plaintiff claimed $30 million in damages.  Settled at trial.

Awards & Honors

Bar Association of San Francisco Award of Merit, 2001

Brendan F. Macaulay
Brendan F. Macaulay

Practices

Education

J.D., Duke University School of Law, 1992

B.A., Whittier College, 1989

Admissions

California

U.S. District Court, Central, Southern, Eastern and Northern Districts of California

U.S. Court of Appeals, Ninth Circuit

Professional Affiliations

San Francisco Bar Association

University of California, Hastings School of Law, Legal Writing Instructor, Fall 2002; Moot Court Instructor, Spring 2003

Vice President of Board of Directors, The Bethany Center (low income senior housing), 2003-2007

Awards & Honors

Bar Association of San Francisco Award of Merit, 2001

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