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FBFK CEO on Merger with OC Litigation Firm: ‘You Can’t Ignore California’

January 9, 2024 Brooks Igo

(Standing: John Stephens and Todd Friedland; Sitting: Kyle Ferguson and Paul Braswell)

“Having fun” is a kind of mantra for Ferguson Braswell Fraser Kubasta CEO Kyle Ferguson. And he has reason to believe it is “about to get a lot more fun” after opening the firm’s first office outside of Texas.

On Monday, the 55-lawyer full-service firm he leads announced an expansion into Southern California via a combination with the three-lawyer Orange County litigation firm Stephens Friedland.

The courtship began eight months ago when Ferguson was introduced by a mutual friend to John Stephens, who is also the mayor of Costa Mesa, a prominent business community. The two quickly realized the potential of linking up.

Stephens’ firm wanted to provide more service offerings, like intellectual property and transactions, to their clients. Ferguson’s firm has been looking to establish more of a presence in Orange County for several years to offer their clients greater reach.

“We first want to add good human beings, and second good lawyers,” Ferguson said. He believes they’ve found “good brand ambassadors for FBFK” with Stephens and Todd Friedland, a former president of the Orange County bar.

Ferguson estimates 10 to 15 percent of FBFK’s work involves a California connection. The firm brought on two of counsel a couple years ago to help service the firm’s deals there.

“You can’t ignore California,” Ferguson said. “It still has the fifth largest GDP in the world.”

More specifically, Ferguson points to two key characteristics shared by Orange County and North Texas: a strong middle market, FBFK’s sweet spot, and a welcoming business community.

Ferguson finds a competitive advantage in pricing transactions in the $15 million to $100 million range.

“Our rates end where the [big firms’] begin,” he said.

At least 10 FBFK clients – ranging from sectors as varied as food, light manufacturing, aerospace, and commercial lending – with a presence in California have already praised the firm’s merger, says Ferguson.

The firm is already seeking to add another litigator and tax help to the new Orange County outpost. As for other expansion plans, Ferguson is adamant it is about finding the right people no matter where they are based, but he has had conversations with firms in Denver, Salt Lake City, Phoenix, and Northern California. The firm’s last new market entry was Austin in 2021.

Ferguson’s focused on fun.

“It’d be fun to get the Orange County office to 20-plus lawyers in the next two to three years and firmwide headcount from 55 to 100-plus,” he said.  

Brooks Igo

Brooks Igo is the publisher at The Texas Lawbook and covers lateral moves.

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