Admissions

  • Illinois
  • U.S. District Court, Northern District of Illinois (Trial Bar)
  • U.S. Court of Appeals, Seventh Circuit
  • District of Columbia

Education

University of Wisconsin-Madison, B.S. Mechanical Engineering 

DePaul University College of Law, J.D., cum laude

  • Judicial Extern, U.S. District Judge Ruben Castillo
  • Intern, U.S. Attorney’s Office, Northern District of Illinois
  • Intern, ACLU-Illinois
  • Georges Fellow, Shedd Aquarium

Profile

Brandon R. Clark is a litigation associate at Burke, Warren, MacKay & Serritella, where he represents companies and individuals in civil matters in forums including state and federal courts at both the trial and appellate level, and in ADR proceedings. Brandon has twice been named a Rising Star by Super Lawyers magazine. Previously, Brandon practiced at Pillsbury, Winthrop, Shaw, Pittman LLP in Washington, D.C. and Proskauer Rose LLP in Chicago.

Brandon's background as a formerly licensed professional engineer gives him unusual insight into the challenges faced by his most-frequent clients: owners, developers, general contractors, and design engineers of construction projects, who he frequently represents in disputes involving technically complex construction defect claims and related policyholder insurance recovery actions.  Brandon's depth of knowledge in this area of the law, and his penchant for solving complex problems, has allowed him to successfully prosecute and defend claims arising from project delays, cost overruns, construction defects, design defects, and myriad other issues. Brandon has also obtained insurance coverage for these same claims for many of his clients. 

In addition to his construction-related practice, Brandon also maintains a broad-based commercial litigation practice and has represented clients ranging from individuals to start-ups to closely held companies to Fortune 500 companies in commercial litigation, arbitration, and mediation of critical importance. Brandon also maintains an active pro bono practice, through which he has, among other forums, argued on behalf of a wrongfully convicted man before the Illinois Supreme Court during its first ever hearings conducted by Zoom.

Brandon earned his B.S. in Mechanical Engineering from the University of Wisconsin-Madison, and his J.D., cum laude, from DePaul University, where he was awarded the prestigious Senior Service Award and the Benjamin Hooks Distinguished Public Service Award.  Prior to pursuing his legal education, Brandon worked for a large Chicago-based engineering consulting firm where his practice focused on finding analytical solutions to safety-related issues for nuclear power plants in the U.S. and abroad.

Beyond the practice of law, Brandon is a Chicago history buff, a Cubs fan, a cinephile, and a lover of Chicago's many small, independent music venues.

Experience

General Litigation

  • Defended venture capitalist led start-up in enforcement action aggressively pursued by municipality, which involved numerous alleged municipal code violations fatal to venture.
  • Negotiated settlement of a breach of contract action between regional shopping center and national restaurant chain related to restaurant’s untimely closure.
  • Prosecuted claims on behalf of general contractor for breach of contract and fiduciary duty against its insurance broker for failures related to its establishment of a Contractor Controlled Insurance Program (CCIP) for the construction of a professional sports arena.
  • Lead counsel in appeal on behalf of Illinois prisoner seeking post-conviction relief on account of claimed actual innocence; video recording of argument before Illinois Supreme Court available here.

Construction Litigation

  • Represented builder of Net Zero Energy, LEED Gold Certified, elementary school in simultaneously prosecuting and defending breach of contract claims related to project delays, cost overruns, and design change orders.
  • Represented association of high-rise Chicago condominium building in relation to water intrusion stemming from design errors and faulty workmanship related to exterior balconies.
  • Defended in ICC arbitration general contractor of turn-key, design-build energy project from claims of breach of contract arising from project delays and cost overruns.
  • Represented construction consortium in prosecuting claims against structural design firm and concrete subcontractor related to defective pilings supporting 1,000+ foot tower, and in defending breach of contract claims brought by project owner stemming from delays caused by pilings rework.
  • Prosecuted claims against earthworks subcontractor on behalf of developer related to faulty work that led to excessive settling that necessitated rework at regional mall.
  • Defended third-party expert engineer from professional malpractice claims stemming from opinions rendered to remediate faulty construction of concrete at multi-level regional mass transit hub.

Insurance Recovery Litigation

  • Obtained eight-figure settlement—and insurance coverage to fund it—from design engineer’s insurer for benefit of joint venture client who was simultaneously completing and repairing construction of multi-billion dollar public works project.
  • Mediated to favorable settlement, insurance claim exceeding $40 million, arising from alleged professional negligence in design of major international waterway project.
  • Obtained coverage for manufacturer for costs associated with safety recall of successive generations of product line under multiple safety recall insurance policies.
  • Secured contribution from underinsured tenant on behalf of Fortune 1000 REIT following property damage due to Hurricane Michael and favorably settled claim with client’s own property insurer for remaining loss.

Honors & Awards

  • Super Lawyers Rising Star – 2018 (DC), 2020 (Chicago)
  • DePaul College of Law, Senior Service Award - 2014
  • DePaul College of Law, Benjamin Hooks Distinguished Public Service Award - 2014

Professional/Community

  • Shriver Center on Poverty Law, Professionals’ Council – 2018-present
  • Legal Aid Chicago, Ambassadors Board – 2018-present
  • Federal Bar Association, Younger Lawyers’ Division Committee – 2018-present
  • DePaul Law Alumni Engagement Board – 2018-2020
  • Art Institute of Chicago, Sustaining Fellows’ Programming Committee – 2018-present

Pressroom

330 North Wabash Avenue, Suite 2100
Chicago, Illinois 60611-3607
T: 312.840.7000
F: 312.840.7900