James M. Brault

James M. Brault is a trial lawyer who has represented clients in a wide spectrum of matters, including corporate and partnership disputes, derivative claims, business torts, insurance coverage disputes, personal injury cases, and estates and trusts cases disputes.  Mr. Brault practices in Maryland state courts and federal courts as well as the District of Columbia courts.

Mr. Brault served on the Executive Committee of the Montgomery County Bar Association (1998-1999) and as its treasurer (2000-2001); as treasurer of the Montgomery County Bar Foundation (2001-2002); and on the Maryland State Bar Association Board of Governors (2002-2004). He also served on the Character Committee of the Maryland Board of Law Examiners and on the Peer Review Panel for the Attorney Grievance Commission of Maryland.  Mr. Brault is in the Bar Leaders of Montgomery County. Most recently, Mr. Brault was appointed to the Standing Committee on Rules of Practice and Procedure of the Supreme Court of Maryland in 2023 for a five-year term.

Mr. Brault is a third-generation member of the firm, following Albert E. Brault and Albert D. Brault.  After graduating from law school in 1986, James Brault clerked for the Honorable James S. McAuliffe, Jr., in Circuit Court for Montgomery County, Maryland (1986-1987) before joining the firm.

Significant Cases

Representation of CEO of company whose employment was terminated by a company purportedly for cause based on misappropriation of funds.  The company also claimed the former CEO used company credit card to pay personal expenses.  The credit cards were personally guaranteed by the former CEO and he had to pay them off when the company refused to make payments.  We filed suit against the company claiming breach of contract and unjust enrichment.  The company counterclaimed for breach of contract, constrictive fraud, and misappropriation of trade secrets. Following an 11-day bench trial in 2025, the court ruled in favor of the former CEO on all claims and counterclaims, finding that the company did not have grounds for termination for cause, that the former CEO did not misappropriate funds or secrets, and that the company had wrongfully refused to pay the company credit card bills. The court awarded damages to the former CEO for credit card bills he paid that were the responsibility of the company.

Representation of Plaintiffs in an action for specific performance to compel Defendants to comply with a buy-sell provision in a real estate partnership agreement involving student housing property.  Following a bench trial in November 2015, the Court entered judgment in favor of Plaintiffs enforcing the buy-sell provision resulting in a buy-out in excess of $9 million.

Representation of a local mall owner in an action brought to declare that that the mall’s termination of a commercial tenant’s lease for violation of a radius restriction provision was unlawful.  They successfully obtained summary judgment early in the case prior to discovery. The United States Court of Appeals for the Fourth Circuit affirmed.

Representation of a real estate owner in an arbitration proceeding arising out of a window replacement project in an apartment building.  The owner counterclaimed for damages for alleged workmanship and other breaches.  The dispute was arbitrated through AAA Arbitration in January 2014.

Representation of a non-profit corporation and its officers and directors in a lawsuit brought by members alleging that the defendants wrongfully attempted to amend the bylaws to disband a property management committee and misappropriated building funds.  Following discovery, the claims were dismissed by the trial court, and Plaintiffs appealed.  The Court of Special Appeals affirmed in part and remanded in part.  On the core issue of whether the bylaws could be amended, the Court of Special Appeals agreed with Defendants that there was no prohibition against the amendment of the bylaws to disband the property management committee.

Representation of Defendants in a partnership dispute where a number of minority partners claimed they were not paid the correct distributions. Defendants were successful in defeating an attempt to have class certification.  Defendants prevailed at a bench trial.

Representation of country club in dispute over the validity of a vote by the members of the country club to make improvements to the club.  The dispute involved the rights of absentee members, and the question of what law would be applied to internal corporate governance issues.  Successfully obtained summary judgment in favor of the country club.

Significant Reported Appellate Decisions

• Dave & Buster’s, Inc. v White Flint Mall, LLLP, unpublished, Case No. 14-1794 (4^th Cir. June 11, 2015).
• Paskowitz v. Wohlstadter, 151 Md. App 1, 822 A.2d 1272 (2003)
• Lerner v. Lerner Corp., 132 Md. App. 32, 750 A.2d 709 (2000)
• Lerner v. Lerner Corp., 122 Md. App 1, 711 A.2d 233 (1998)
• Sherwood Brands, Inc. v. Great American Insurance Co., 418 Md. 300, 13 A.3d 1268 (2011)
• Zappone v. Liberty Life Insurance Company, 349 Md. 45, 706 A.2d 1060 (1998)
• Sherwood Brands, Inc. v. Hartford Accident and Indemnity Company, 347 Md. 32, 698 A.2d 1078 (1997)
• Monumental Life Insurance Company v. U.S. Fidelity and Guar. Company, 94 Md. App. 505, 617 A.2d 1163 (1993)