Brandon counsels motor vehicle manufacturers on general dealer network initiatives, such as incentive programs, sales policies, and facility programs, and specific disputes concerning their dealer networks, dealer agreements, and the federal and state regulations affecting the manufacturer-dealer relationship. In the past decade, Brandon has litigated numerous matters for manufacturers in courts and motor vehicle boards throughout the U.S., spanning the automotive, powersports, and luxury sectors of the industry. Clients also look to Brandon for guidance on initiatives to improve dealer performance and strengthen dealer networks.
In addition to his work in the motor vehicle industry, Brandon advises other corporate, banking, and real estate clients on a variety of commercial litigation matters. His time in Procter & Gamble’s Finance & Accounting division - prior to his legal career - gives him a business perspective that clients don’t often find from outside counsel.
Motor Vehicle Industry: Manufacturer-Dealer Relationship
In the motor vehicle industry, Brandon regularly litigates matters across the country involving:
- Dealer add-points, relocations, and terminations;
- Incentive programs;
- Sales performance standards; and
- Facility and corporate identity initiatives.
In the past few years, his manufacturer clients have reaped the benefits of Brandon’s advocacy, including:
- Defeating a group of dealers’ claims challenging his client’s incentive programs;
- Obtaining summary judgment to terminate a dealership after it refused to renovate its facility;
- Implementing chargebacks for improper dealer incentive claims; and
- Terminating a dealer after it lost its floorplan line of credit.
In any dispute, Brandon pursues the most productive strategy for his clients, whether that means aggressively pursuing cases through trial or hearing, or negotiating a business-oriented resolution.
Motor vehicle manufacturers also look to Brandon for counseling on other dealer network matters, including dealer ownership and management changes, manufacturer rights of first refusal, vehicle allocation, sales performance standards, customer satisfaction programs, and other initiatives to strengthen the dealer network. For example, over a five-year period, Brandon managed a sophisticated dealer improvement program for a manufacturer with a large dealer network. The program helped the client achieve significant sales gains and an improved dealer network.
Brandon’s general commercial litigation experience includes a wide array of matters at the trial court and appellate level involving:
- Breach of contract concerning commercial and residential real estate agreements, commercial loan and guaranty agreements, construction agreements, distribution agreements, and employment and non-compete agreements;
- Commercial mortgage foreclosure and mechanics liens;
- Breach of fiduciary duty and fraud; and
- Professional liability.
Outside the Courtroom
When not attending to his client’s needs, Brandon has enjoyed serving in several leadership roles in the Chicago Jewish community. You may also find him enjoying a cold Northeast IPA, possibly between sets at one of Chicago’s renowned music venues. He and his wife are avid Cubs, Blackhawks, and Bears fans, and they enjoy seeing what new milestone their young son reaches next.
Motor Vehicle: Manufacturer-Dealer Network Litigation
- Newton Volkswagen v. Volkswagen of America, Inc.
Represented Volkswagen in state court action challenging termination of dealership. Summary judgment in favor of Volkswagen.
- Classic Motor Car Co. d/b/a Lamborghini Bergen County v. Automobili Lamborghini America
Represented Lamborghini in state court termination action. Summary judgment for Lamborghini.
- Low Country Volkswagen LLC v. Volkswagen of America, Inc.
Represented Volkswagen in South Carolina federal court action seeking $8 million in damages for alleged coercion in connection with dealer’s obligation to build facility. Jury verdict entered for Volkswagen on all counts.
- Marker Oil Co., Inc. d/b/a Marker RV and Power Sports v. BRP US Inc.
Represented BRP US, Inc. in state administrative termination protest.
- Dennis Silletto and Associates, Inc. d/b/a Glendora Chrysler Jeep Dodge v. FCA US LLC
Represented FCA US LLC in state administrative protest involving change to area of responsibility.
- Premier Automotive of Placentia, LLC v. FCA US LLC
Represented FCA US LLC in state administrative protest involving incentive program chargebacks.
- Premier Automotive Products LLC d/b/a Premier Chrysler Jeep Dodge RAM v. FCA US LLC
Represented FCA US LLC in state administrative protest involving incentive program chargebacks.
- South Chicago Dodge Chrysler Jeep, Inc. v. FCA US LLC
Represented FCA US LLC in state administrative protest involving supplemental dealership location.
- McPeek's Dodge of Anaheim v. Chrysler Group, LLC
Represented FCA US LLC in state administrative termination protest.
- Volkswagen Group of America, Inc. v. Southern States Volkswagen, L.L.C.
Represented Volkswagen in action seeking damages in connection with false incentive claims.
- Maxwell Volkswagen, Inc. v. Volkswagen of America, Inc.
Represented Volkswagen in state administrative action challenging incentive program chargeback.
- Classic Automobiles, Inc. v. Audi of America, Inc.
Represented Audi in New York federal court price discrimination claim challenging national vehicle incentive program.
- Beechmont Audi, Inc. v. Audi of America, Inc.
Represented Audi in Ohio federal court action alleging price discrimination under the Robinson-Patman Act, the federal Automobile Dealers Day in Court Act, and the Ohio Motor Vehicle Franchise Act.
- Aries Group Enterprises, Inc. v. First Bank, 2012 IL App (1st) 103216-U
Represented bank against property developer’s claims for breach of contract and fraud. Trial court dismissed both claims, and Illinois Appellate Court affirmed.
- Ventas Realty, L.P. v. ALC CVMA, LLC
Represented Plaintiff in claim brought in the U.S. District Court for the Northern District of Illinois alleging that the Defendants’ receipt of notices of intent to revoke permits from state regulators with respect to its licenses to operate three assisted living facilities in Georgia and Alabama violated a lease agreement with Plaintiff. On June 15, 2012, the matter was resolved with the Defendants’ agreement to pay $97 million for the properties at issue, $3 million for a litigation settlement fee and agreement to pay all of Plaintiff’s fees and costs associated with the lawsuit.
- First Bank v. Cimerring, No. 08-2618 (7th Cir. Feb. 8, 2010)
Represented bank in guarantors’ appeal of district court’s entry of summary judgment for bank for breach of guaranty. Seventh Circuit affirmed summary judgment.
- MB Financial Bank, N.A. v. 841 Joint Venture, LLC
Represented bank against borrower and guarantors in mortgage foreclosure matter. Judgment of foreclosure entered against borrower and summary judgment entered against guarantors.
- Porterfield v. Orecchio
Represented receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC-registered investment advisor, in a $60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.
- Iranian Political Asylum
Successful petition to the U.S. Department of Justice Immigration Court to grant asylum to an Iranian national who fled Iran after being targeted by the government for participating in the historic protests that followed the election of Iranian President Mahmoud Ahmadinejad in 2009. This appears to be one of the first U.S. asylum cases connected with the widely reported 2009 election protests in Iran.
- Egyptian Religious Asylum
Successful petition to the U.S. Department of Justice Immigration Court to grant asylum to an Egyptian couple who fled persecution in Egypt on account of their Coptic Christian religious beliefs.
Professional & Community Activities
- Selected, 40 & Under Hot List, Benchmark Litigation (2018)
- Selected, Illinois Rising Stars, Super Lawyers (2013-2018)
- Selected, Emerging Lawyers Network (2015-2018)
- Recipient, Davis, Gidwitz & Glasser Young Leadership Award, Jewish United Fund (JUF) / Jewish Federation of Metropolitan Chicago (2016)
- Selected, Chicago's Jewish 36 Under 36, Oy!Chicago and Jewish Federation of Metropolitan Chicago (2012)
- Development Editor, Northwestern University Journal of International Human Rights (2006-2007)
- Charles Cheney Hyde Prize for Outstanding Paper on a Topic in Public International Law, Northwestern University Pritzker School of Law (2006 and 2007)
- Member, American Bar Association
- Member, Chicago Bar Association
- Beta Gamma Sigma
- Phi Beta Kappa
- Pi Sigma Alpha
Charitable & Community Organizations
- Wexner Heritage Program for Jewish Leadership Development, Wexner Foundation (2017-present)
- Jewish United Fund/Jewish Federation of Metropolitan Chicago
- Campaigners Committee, Young Leadership Division (2017-present)
- Board of Directors, Young Leadership Division (2012-2016)
- President, Young Leadership Division (2014-2015)
- Board of Directors (2014-2015)
- Jewish Leaders Institute (2013-2015)
- Young Lawyers Group, Chair (2010-2012) and Campaign Co-Chair (2012-2013)
- National Young Leadership Cabinet, Jewish Federations of North America (2011-2017)
- Vice Chair, Study Mission to Berlin and Israel (2015-2016)
- Representative, American Jewish Joint Distribution Committee (2014-2015)
- Co-Chair for Engagement & Orientation (2013-2014)
- AIPAC Chicago Young Leadership Council (2012-2014)
Speaking Engagements & Presentations
Articles & Publications
- Rights, Legal Remedies, and Calculating Damages for Breach of Contract2016, 2013, 2008 Editions – Chapter 13, IICLE Contract Law
- Mining Gold in a Conflict Zone: The Context, Ramifications, and Lessons of AngloGold Ashanti’s Activities in the Democratic Republic of the CongoSpring 2007 – Northwestern University Journal of International Human Rights
- July 2, 2018 – Barack Ferrazzano Press Release
- January 25, 2018 – Barack Ferrazzano Press Release
- December 18, 2017 – Barack Ferrazzano Press Release
- July 27, 2017 – Above the Law
- January 17, 2017
- September 16, 2016
- April 4, 2016
- January 11, 2016
- June 18, 2015
- February 25, 2015
- February 2, 2015
- January 14, 2015 – Super Lawyers
- January 8, 2015
- Summer 2012
Northwestern University Pritzker School of Law, J.D., cum laude, 2007
Miami University, B.A., summa cum laude, B.S. in Business, summa cum laude, 2001
Bar & Court Admissions
- State of Illinois
- U.S. District Court - Northern District of Illinois
- U.S. Court of Appeals - 7th Circuit
- Audi of America
- Automobili Lamborghini America
- Bank of America
- Volkswagen Group of America