Brandon focuses his practice on building strong, lasting relationships with his clients. He prides himself on collaborating with clients to understand their business needs so that he can align client and firm interests to achieve better legal outcomes at an exceptional value. He is accessible and responsive, and he defends the interests of his clients as if they were his own.
Brandon represents clients in product liability, premises liability, negligence, fraud, breach of contract and warranty actions in state and federal courts throughout the country. His experience includes representing clients in a variety high-stakes matters involving: construction equipment, jobsite accidents, cargo securement devices, trucking regulations and accidents, HVAC systems, fire protection systems, security alarm systems, automobiles and component parts, industrial accidents, forestry equipment, educational institutions, contractual disputes, the adequacy of medical care, and insurance coverage disputes.
Brandon manages large dockets of cases and personally handles all aspects of his matters from the initial case pleadings through trial. His diverse experiences allow him to assist clients of all sizes navigate the risks associated with litigation to proactively and creatively solve problems. To this end, Brandon regularly performs product liability audits wherein he counsels clients to identify product liability risks and works with them to minimize those risks so that they will be in a better position to defend against litigation when it occurs.
Brandon serves as National Product Liability Counsel for a privately held $2 billion company with over 40 separate operating entities in diverse economic sectors. In 2013, Brandon worked with this client to implement a legal services efficiency model to measure the value and true cost of legal services provided by its law firms. Brandon and his team were identified by this company as its most efficient and value-adding firm with an efficiency rating of over 90%. In 2015, the Association of Corporate Counsel recognized this company and Shook as ACC Value Champions for their work to improve legal outcomes, reduce costs, decrease case outcome variation, and improve the efficiency and value of legal services. Brandon presented on these topics at the Champions Dinner during the 2015 ACC Conference.
Coordinate appeal to have insurer’s denial of Stage IV cancer patient’s treatment reversed. (2014)
Shepherd v. Barko Hydraulics, LLC, Bulloch County, Alabama (2013) (jury trial - commercial fraud and warranty issues – plaintiff verdict vacated on appeal).
Parker-Hendricksen v. Rodriguez, et al., Monmouth County, New Jersey (2011) (jury trial – defense verdict in permanent disability case involving commercial truck/pedestrian accident)
Davis v. Advanced Store Co., Inc., Jackson County, Missouri (2010) (bench trial – defense verdict in defective product case involving automobile component parts).
Wardrop v. Pyle Transport Services, Inc. et al., Philadelphia County, Pennsylvania (2010) (leverage indemnification and insurance procurement provisions to procure complete defense, indemnity, and reimbursement of legal fees for client in multimillion-dollar wrongful death case)
Sutherland v. Allied Tube, et al., Cook County, Illinois (2012) (use targeted discovery to locate previously missing contract and use contract to leverage indemnification and insurance procurement provisions to obtain complete defense and indemnity for client in multimillion-dollar wrongful death suit)
Publications and Presentations
Assessing Product Liability Risk Across the Company – Where to Look and What to Look For, Association of Equipment Manufacturers Product Liability Seminar, Chicago, Illinois, April 26, 2018.
Product Liability in an Autonomous Equipment World – Unsettled Law, Association of Equipment Manufacturers Product Liability Seminar, Chicago, Illinois, April 26, 2018.
Risk Management Techniques, 2018 Spring General Meeting AWRF, Scottsdale, Arizona, April 24, 2018.
Adding Value to Your Clients: How to Self-Audit Existing Contracts to Enhance Legal Protections in Light of Business Realities, Webinar, Association of Corporate Counsel’s Colorado Consumer & Product Liability Practice Group, March 28, 2018.
Brandon Gutshall, Douglas Robinson, and Gabriel Spooner, When Cranes Collapse, Cos. Don't Have To Follow, Law360, May 10, 2016.
Web Sling & Tie Down Association Annual Meeting, Vancouver, Canada, May 4-7, 2015.
Products Liability in Practice, Guest Speaker Presentation to Products Liability Class at UMKC School of Law, 2011-2013.
Recent Medicare Litigation, What Your Client Should Know, SHB In-House Presentation, October 2010.
Brandon Gutshall, A New Uniform: NCAA Policy and Student-Athlete Misconduct, 76 UMKC L. Rev. 727 (2008).