Alexander ''Lex'' Brainerd, Esq.

T: 415-982-5267
F: 415-982-5287
Available worldwide
Business/Commercial

Since joining JAMS in 2010 and during his more than four decades as a litigator, Alexander (“Lex”) Brainerd has litigated, mediated and arbitrated hundreds of commercial cases covering a wide range of commercial disputes. Mr. Brainerd’s experience as a mediator and arbitrator includes cases dealing with breach of contract, franchise disputes, technology transfers, securities, antitrust, real estate, partnership disputes and professional liability. As a trial lawyer in private practice, Mr. Brainerd tried to verdict or arbitrated well over 30 commercial cases involving a diverse range of subjects including breach of contract, breach of fiduciary duty, fraud, securities, antitrust, professional liability, partnership disputes and corporate dissolutions.

Mr. Brainerd’s experience as a trial lawyer, arbitrator and mediator makes him uniquely qualified to deal with complex commercial issues and to facilitate creative solutions. He is known for applying his unique background in order to assist the parties in fully understanding and evaluating the risks associated with their cases. In that regard, he strongly believes that an essential foundation for a successful mediation is a thorough discussion with the parties regarding the strengths and weaknesses of their respective positions. Mr. Brainerd has a reputation for being extremely prepared, diligent, and tenacious, and for having a very high settlement rate.

Representative Matters

  • Mediated an attorney malpractice case arising from the preparation of a promissory note and deed of trust
  • Mediated an attorney malpractice case arising from alleged mistakes made during the prosecution of technology patents
  • Mediated a breach of contract case arising from a licensing agreement
  • Mediated a contract dispute between a company and key employee over ownership of stock and payment of commissions allegedly owed to the employee
  • Mediated a contract dispute between a general contractor and a subcontractor in which the subcontractor sued for damages based on the legal theory of promissory estoppel
  • Mediated a corporate dispute between the shareholders of a closely held corporation concerning issues relating to ownership, potential buyout of one shareholder by the other, and related potential claims for breach of fiduciary duty
  • Mediated a consumer class action case concerning the delivery of services in the automotive industry
  • Arbitrated a case involving an alleged breach of a franchise agreement relating to the sale of fine art
  • Arbitrated a breach of contract case arising from a failed solar energy business in Israel
  • Arbitrated a dispute between a homeowner and a condominium homeowners’ association
  • Arbitrated a breach of contract and declaratory relief action arising from a technology license agreement
  • Arbitrated a breach of contract action arising from the sale of manufacturing equipment
  • Arbitrated an attorney malpractice case arising from a patent infringement litigation

Representative Litigation

As a trial lawyer, Mr. Brainerd litigated the following representative matters:

  • Breach of contract action arising from a stock option agreement
  • Securities fraud case relating to oil gas wells in Texas
  • Fraud, breach of contract and breach of fiduciary duty actions arising from the securitization of sub-prime loans
  • Accounting malpractice case arising from the preparation of tax returns and the transfer of assets to a foreign country
  • Attorney malpractice case arising from the probate of a very large estate
  • Attorney malpractice case arising from tax and legal advice provided to a sports celebrity
  • Discrimination and antitrust action arising from the alleged failure to provide a heart surgeon with access to equipment and surgical opportunities
  • Breach of contract action arising from a post-closing adjustment agreement relating to the sale by a major corporation of four of its divisions
  • Breach of contract action arising from the sale of automated blood separation technology

Honors, Memberships, and Professional Activities

  • Fellow, American College of Trial Lawyers
  • Recognized as a Northern California Super Lawyer, ADR Category, 2011-2014
  • Recognized as a Northern California Super Lawyer, Intellectual Property Litigation, 2005-2010
  • Early neutral evaluator and mediator, U.S. District Court for the Northern District of California
  • Evaluator for Legal Evaluation Group, a firm providing early neutral evaluation
  • San Francisco Superior Court Arbitration Committee, 1981-1991
  • Master, Intellectual Property Chapter of American Inns of Court
  • Member, The Fellows of the American Bar Association
  • Member of the Executive Committee of the Litigation Section, Bar Association of San Francisco, 1989-1996
  • Board of Governors, Association of Business Trial Lawyers of Northern California, 1992-1999
  • Delegate to the Ninth Circuit Judicial Council, 1992-1995
  • Board of Directors, National Center for Youth Law
  • Former member, Local Patent Rules Committee for U.S. District Court for Northern District of California
  • State Bar of California
  • "Golfing will have to wait," Daily Journal, ADR Profile, December 21, 2012

Background and Education

  • Partner, Sonnenshein Nath & Rosenthal, 2008-2010
  • Partner, Heller Ehrman, 1999-2008
  • Partner, Quinn Emmanuel Urquhart Oliver & Hedges, 1997-1999
  • Partner/Associate, Bronson, Bronson & McKinnon, 1968-1997
  • J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1968
  • B.A., Amherst College, 1963

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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