Jennifer A. Kearns practices in the area of employment law, both in the transactional and counseling arena, and in the litigation context. Ms. Kearns has many years of experience in counseling and advising employers on all aspects of employment law under federal and California state law. She conducts training for management and assists employers, from startups to large companies, in developing and implementing policies and best practices. She has a particular interest in working with companies in analyzing and resolving matters involving nonsolicitation and noncompetition agreements (restrictive covenants). While Ms. Kearns' practice is primarily management-side, she also represents and advises individual executives in negotiating executive employment agreements and, on occasion, severance packages.
In addition to the counseling side of her practice, Ms. Kearns is an experienced litigator and trial attorney. She has tried to jury verdict several cases in which she defended employers against claims of wrongful termination, unlawful harassment, discrimination, and breach of contract. Ms. Kearns has experience in both bench and jury trials as well as appellate practice. Ms. Kearns has successfully obtained injunctive relief on behalf of clients seeking to prevent misuse and/or disclosure of their trade secrets.
While Ms. Kearns' primary focus is employment law, she also has substantial experience as a product liability litigator. She has tried to jury verdict cases involving claims of wrongful death and injury allegedly caused by exposure to various products.
She is a member of the American Bar Association, Section of Employment Law and Litigation; the State Bar of California, Labor and Employment and Litigation Sections; and the San Diego County Bar Association.
Ms. Kearns is a 1986 graduate of the University of San Diego School of Law, where she was a member of the Moot Court National Team. She is a 1983 graduate of the University of California at San Diego, where she received departmental honors with distinction in Experimental Psychology. Since 2004, Ms. Kearns has served as a member of the board of directors of Mama's Kitchen, Inc., a nonprofit organization dedicated to daily meal delivery to clients with AIDS/HIV or cancer. Ms. Kearns served as president of the board for 2007 and currently serves as co-chair of the Special Events Committee for Mama's Kitchen.
Board Memberships
· United Through Reading
-Trustee, 2011
Honors and Awards
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Selected Publications
· Co-author, "Discrimination Suit of Government Contractor's Employee Can Proceed, Despite Denial of Security Clearance," Duane Morris Alert, April 15, 2011
· "Protecting Trade Secrets," The Recorder, March 3, 2011
· Co-author, "Supreme Court Concludes Employer Had Legitimate Interest in Reviewing Employee's Text Messaging," Duane Morris Alert, June 22, 2010
· Co-author, "California Supreme Court Rules "Kin Care" Law Inapplicable to Leave Plans Providing Unlimited or Uncapped Paid Sick Time," Duane Morris Alert, February 25, 2010
· "California Supreme Court Confirms That Agreements Restricting Employees' Subsequent Employment Are Generally Unenforceable - Rejects "Narrow Restraint" Doctrine," Duane Morris Alert, August 19, 2008
· Co-author, "California Court Holds That Unlimited Paid Time Off Under a Sick Leave Plan Must Be Available for 'Kin Care'," Duane Morris Alert, June 6, 2008
Selected Speaking Engagements
· "Workers' Compensation 101," SDSU Entrepreneurial Management Center's Family Business Forum, San Diego, February 2, 21 and 22, 2012
· "California's New Employment Laws for 2012," Duane Morris Institute Webinar, January 26, 2012
· "Top Ten Ways to Lose Your Business Without Even Trying," American Association of Cosmetology Schools' Annual Meeting, Phoenix, November 4, 2011
· "California Wage and Hour Issues and Class Action Litigation," Duane Morris Institute Webinar, October 20, 2011
· "Disability Issues and Employer Obligations," Duane Morris Breakfast Briefing, San Diego, October 20, 2011
· Speaker, "New Laws-New Interpretations," EMC Business Forum's Closely Held and Family Business Retreat, Rancho Santa Fe, California, April 15, 2011
· "Employment Law Update," Presented to Oggi's Restaurants Franchisees' Meeting, Irvine, California, May 24, 2011
· Speaker, "Know the Building Code That Applies to You: The Legal Updates," Duane Morris' Developments in Workplace Law & Practice, San Diego, May 20, 2010
· "Managing Employee Absences: The Legal Minefield, " Duane Morris Breakfast Briefing, San Diego, March 16, 2010
· Panelist, "Sex at Work: Right or Wrong?" "Tell Me More with Michel Martin" Radio Broadcast on National Public Radio News, October 8, 2009
· "Employment in the Electronic Age," San Diego Tech Coast Angels, La Jolla, California, October 21, 2009
· Quoted in "Your Career: A Lesson for Workplace Lovers," MSNBC.com, October 5, 2009
· "Conducting Internal Investigations: Is Your Organization Prepared?" Duane Morris Employment & Immigration Seminar, San Diego, September 24, 2009
· "Developments in Workplace Law and Practice 2009," Duane Morris Employment & Immigration Seminar, La Jolla, California, May 20, 2009
· "Disability and Reasonable Accommodation Issues," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, April 17, 2009
· "Five Employment Landmines to Sidestep," Presentation to the Annual Meeting of Franchisees of Oggi's Restaurants, Barona Resort & Casino, Lakeside, California, April 8, 2009
· "Liabilities of Workforce Management in a Downward Economy," Presentation to the San Diego State University Entrepreneurial Management Center Business Forum, Family and Closely Held Business Retreat, Rancho Santa Fe, California, February 27, 2009
· "Implementing the New FMLA Regulations in California," Duane Morris Workshop, San Diego, February 12, 2009
· Speaker, "Best Downsizing Strategies for 2009," San Diego, February 4, 2009
· "Top 10 Mistakes Employers Make During a Recession," Duane Morris Employment & Immigration Breakfast Briefing, San Diego, January 16, 2009
· Speaker, "FLSA," Duane Morris' FLSA, Family/Military Leave, and Immigration Workshop for Healthcare Industry Leaders, Chicago, September 16, 2008
· "Developments in Workplace Law and Practice 2008," Duane Morris Annual Employment, Benefits and Immigration Briefing, San Diego, May 20 2008
· "FMLA Workshop: Implementing the New FMLA Regs in California" Duane Morris Breakfast Briefing, San Diego, February 12, 2008
· Speaker, "Employment and Immigration Law in the Workplace," advanced continuing education workshop sponsored by Sterling Education Services, San Diego, California, January 17, 2007
· Speaker, "Strategies to Solve Your Most Complex FMLA Challenges," advanced continuing education workshop, La Jolla, California, November 21, 2006