Tracey A. Kennedy: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Tracey A. Kennedy

Phone213.617.4249

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Labor and Employment
  • Labor and Employment Counseling
  • Harassment Investigation and Training
  • Handbooks and Personnel Policies
  • Employee Hiring/Discipline/ Termination
  • Employment Agreements
  • High-Technology Employment
  • Unfair Competition and Trade Secrets
  • Wage and Hour Regulations
  • Workplace Violence
  • Labor and Employment Litigation
  • Wrongful Termination
  • Employee Privacy and Defamation
  • Sexual Harassment/Employment
  • Wage and Hour Class Actions
  • Litigation
  • General Litigation
  • Education
  • Entertainment, Technology, and Advertising
  • Healthcare
  • Hospitality
  • Retail
 
University University of Texas, B.A., 1987
 
Law SchoolUniversity of Texas at Austin, J.D., 1990
 
Admitted1990, California; 1992, Texas; New York; District of Nebraska; Ninth Circuit; U.S. District Court for the Central, Northern, Southern and Eastern Districts of California; U.S. District Court for the Northern and Southern Districts of Texas
 
Memberships 

Memberships

•Member, Association of Southern California Defense Counsel
•Member, American Board of Trial Advocates
•American Trial Lawyers Association
•Litigation Counsel of America
•Former Member of the Executive Committee, Labor & Employment Law Section, Los Angeles County Bar Association
•Former Chair and Co-Chair, Barristers Sports Project Committee
•Former Member, Barristers Executive Committee
•Former Co-Chair, Barristers South Central Legal Services Committee
•Former Associate Editor, California Labor and Employment Law Quarterly
•Former Executive Committee Member, Labor and Employment Law Section, Beverly Hills Bar Association

 
Biography

Tracey A. Kennedy is a partner in the Labor and Employment Practice Group in the firm's Los Angeles and New York offices.

Areas of Practice

Ms. Kennedy is responsible for all aspects of employment litigation matters on behalf of employers and management.

An experienced trial attorney, she has tried to verdict in state and federal court employment matters such as age, race, sex, national origin, and disability discrimination and harassment, as well as retaliation, and wrongful termination. Ms. Kennedy has also tried to verdict wage and hour class actions. Ms. Kennedy provides preventive counseling to clients concerning personnel and employment matters. Ms. Kennedy has lectured around the country on personnel practices, employment discrimination, retaliation, harassment, and wrongful termination.

Ms. Kennedy also has experience in labor issues such as union organizing, labor negotiations, and labor arbitrations.

Honors

•Litigation Star, Benchmark Litigation, 2015
•World Class Employment Lawyer, Lawdragon, 2014
•Recognized as a Leading Employment Lawyer in USA, 11th edition PLC Employment Multijurisdictional Guide, 2012
•Top Women Lawyer/Litigator, Daily Journal, 2009, 2010, 2013, 2014, 2015
•Named one of The Nation's Most Powerful Employment Attorneys, Human Resource Executive, 2011, 2015
•Southern California Super Lawyer, Super Lawyers, 2009-2015
•Top Labor & Employment Lawyer, Chambers & Partners, 2009-2015
•Recognized, Labor & Employment Litigation, Legal 500, 2011-2014
•Top Labor & Employment Lawyer, Daily Journal, 2010, 2012-2015
•Top Ten Employment Defense Attorney, Daily Journal, 2009

Experience

June 1989 - Jury Trial (14 days)
Court: Riverside County Superior Court (Hon. Hanks)
Case: Misdemeanor Possession
Role: First Chair Prosecutor (certified law clerk)
Verdict: Guilty

March 1991 - Bench Trial (5 days)
Court: Los Angeles County Superior Court (Hon. D. Janavs)
Case: Breach of Construction Contract and Settlement Agreement
Role: Lead Trial Attorney
Verdict: Defense

November 1993 - Jury Trial (14 days)
Court: Los Angeles County Superior Court (Hon. Bernard Kaufman)
Case: Wrongful Termination and Retaliation
Role: Second Chair
Verdict: Hung Jury

May 1996 - Jury Trial (14 days)
Court: Los Angeles County Superior Court (Hon. Valerie Baker)
Case: Race Discrimination and Breach of Contract (27 year employee)
Role: Second Chair
Verdict: Defense as to Race Discrimination; Plaintiff as to Breach of Contract

August 1996 - Jury Trial (14 days)
Court: Los Angeles County Superior Court (Hon. Judith Chirlin)
Case: Race Discrimination and Breach of Contract
Role: Second Chair
Verdict: Defense as to Race Discrimination; Plaintiff Verdict as to Breach of Contract

April 1998 - Jury Trial (25 days)
Court: Los Angeles County Superior Court (Hon. Alexander Williams)
Case: Wrongful Termination, Violation of Fair Credit Reporting Act, Retaliation, and Race Discrimination
Role: Second Chair
Verdict: Plaintiff as to Wrongful Termination and Violation of FCRA;
Defense as to Discrimination and Retaliation

August 1998 - Jury Trial (7 days)
Court: United States District Court, Central District (Hon. Audrey Collins)
Case: Age Discrimination (Three plaintiffs)
Role: Co-Counsel
Verdict: Defense (as to all plaintiffs)

October 1998 - Jury Trial (4 days)
Court: Los Angeles County Superior Court (Hon. Richard Kalustian)
Case: Sexual Harassment and Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff (verdict was less than half of settlement offer)

February 1999 - Jury Trial (8 days)
Court: Los Angeles County Superior Court (Hon. James Dunn)
Case: Age Discrimination and Breach of Contract
Role: Co-Counsel
Verdict: Defense

June 1999 - Jury Trial (14 days)
Court: Tulare County Superior Court (Hon. Patrick O'Hara)
Case: Race and Age Discrimination and Breach of Contract
Role: Lead Trial Attorney
Verdict: Defense

November 1999 - Jury Trial (7 days)
Court: United States District Court, Central District (Hon. William Rea)
Case: Race Discrimination and Retaliation
Role: Co-Counsel
Verdict: Defense

January 2000 - Bench Trial (6 days)
Court: United States District Court, Central District (Hon. Laughflin Waters)
Case: Race and National Origin Discrimination, Race and National Origin Harassment and Retaliation
Role: Lead Trial Attorney
Verdict: Defense

March 2000 - Bench Trial (5 days)
Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin)
Case: Breach of Written Employment Contract for Chief Financial Officer
Role: Lead Trial Attorney
Verdict: Plaintiff (fraud claims and individuals dismissed before trial)

September 2000 - Jury Trial (5 days)
Court: Los Angeles Superior Court (Hon. Coleman Swart)
Case: Breach of Implied Contract and Age and Sex Discrimination
Role: Lead Trial Attorney
Verdict: Defense

August 2001 - Bench Trial (4 days)
Court: Los Angeles County Superior Court (Hon. James L. Wright)
Case: Medical Condition and Disability Discrimination and Overtime Pay
Role: Lead Trial Attorney
Verdict: Defense

November 2002 - Jury Trial (10 days)
Court: Los Angeles County Superior Court (Hon. Ralph Dau)
Case: Race Retaliation (three plaintiffs)
Role: Lead Trial Attorney
Verdict: Defense Verdict as to two Plaintiffs; Plaintiff verdict as to retaliation in violation of public policy

March 2003 - Jury Trial (10 days)
Court: Los Angeles County Superior Court (Hon. Alan Buckner)
Case: Retaliation, Age Association Discrimination, Medical Condition Association Discrimination, Breach of Contract
Role: Lead Trial Attorney
Verdict: Plaintiff Verdict as to Retaliation and Breach of Contract; Defense Verdict as to all other claims.

August 2003 - Jury Trial (10 days)
Court: Los Angeles County Superior Court (Hon. Paul Gutman)
Case: Age and Gender Harassment, Age and Gender Discrimination, Unequal Pay (Gender Based), Failure to Promote, Breach of Contract
Role: Lead Trial Attorney
Verdict: Plaintiff Verdict on gender harassment; Defense Verdict as to all other claims

September 2005 - Jury Trial (25 days)
Court: San Bernardino County Superior Court (Hon. Ben Kayashima)
Case: Disability Discrimination, Violation of the California Family Rights Act, Breach of Contract
Role: Lead Trial Attorney
Verdict: Defense

January 2006 - Jury Trial (19 days)
Court: Los Angeles County Superior Court (Hon. Victor Person)
Case: Retaliation (Violation of Labor Code 1102.5)
Role: Lead Trial Attorney
Verdict: Defense

May 2008 - Jury Trial (24 days)
Court: Orange County Superior Court (Hon. Peter Polos)
Case: Gender Discrimination and Harassment, Retaliation, Loss of Consortium
Role: Lead Trial Attorney
Verdict: Defense

July 2008 - Bench Trial (1 day)
Court: Los Angeles Superior Court (Hon. Louis Lavin)
Case: Wage Penalties
Role: Lead Trial Attorney
Verdict: Defense

August 2008 - Bench Trial (9 days)
Court: Los Angeles County Superior Court (Hon. Susan Bryant-Deason)
Case: National Origin Discrimination and Harassment
Role: Lead Trial Attorney
Verdict: Settlement (during trial)

March 2009 - Jury Trial (8 days)
Court: Los Angeles County Superior Court (Hon. Zaven Sinanian)
Case: Pregnancy Discrimination, Pregnancy Harassment and Retaliation
Role: Lead Trial Attorney
Verdict: Defense

August 2009 - Bench Trial (8 days)
Court: Orange County Superior Court (Hon. Richard Luesebrink)
Case: Disability Discrimination, Harassment, Retaliation, Failure to Accommodate
Role: Lead Trial Attorney
Verdict: Defense Verdict

September 2009 - Bench Trial (10 days) (Class Action)
Court: Los Angeles County Superior Court (Hon. William MacLaughflin)
Case: Wage and Hour Class Action (Executive Exemption) (Business & Professions Code 17200)
Role: Lead Trial Attorney
Verdict: Defense

December 2009- Jury Trial (8 days)
Court: Orange County Superior Court (Hon. Franz Miller)
Case: Overtime (Exemption) and Meal/Rest Period
Role: Co-Lead Counsel
Verdict: Defense

February 2010 - Jury Trial (10 days)
Court: Los Angeles County Superior Court (Hon. Ronald Sohigian)
Case: Disability discrimination
Role: Lead Trial Attorney
Verdict: Plaintiff - New trial granted

August 2010 - Jury Trial (10 days)
Court: Santa Rosa County Superior Court (Hon. Mark Tansil)
Role: Co-Lead Trial Attorney
Case: Sexual Harassment and Retaliation
Verdict: Plaintiff

October 2010 - Jury Trial (10 days)
Court: San Francisco Superior Court (Hon. Charlene P. Kiesselbach)
Case: Wrongful Termination and Reimbursement (Labor Code section 2802)
Role: Co-Lead Trial Attorney
Verdict: Defense

March 2011 - Jury Trial (15 days)
Court: Los Angeles County Superior Court (Hon. David Milton)
Case: Civil Stalking, Wrongful Termination, Sexual Harassment, Gender Discrimination
Role: Lead Trial Attorney
Verdict: Plaintiff

October 2011 - Jury Trial (6 days)
Court: Los Angeles County Superior Court (Hon. Louis Meisinger)
Case: Retaliation, Wrongful Termination, Failure to Prevent Retaliation
Role: Co-Lead Trial Attorney
Verdict: Defense

December 2011 - Jury Trial (25 days)
Court: Los Angeles Superior Court (Hon. Abraham Khan)
Case: CFRA Harassment Discrimination and Retaliation
Role: Lead Trial Attorney
Plaintiff Verdict: Retaliation, Negligence
Defense Verdict: Harassment, Kin Care, Associational Discrimination, Punitive Damages (settled on appeal)

April 2012 - Bench Trial (10 days) (Class Action)
Court: Los Angeles County Superior Court (Hon. David Minning)
Case: Wage and Hour Class Action (tip pool) (Business & Professions Code 17200)
Role: Lead Trial Attorney
Verdict: Defense

October 2012 - Bench Trial (5 days)
Court: Orange County Superior Court (Hon. Ronald Bauer)
Case: Wrongful Termination and Blacklisting
Role: Lead Trial Attorney
Verdict: Defense

December 2012 - Jury Trial (9 days)
Court: Santa Barbara County Superior Court (Hon. Donna Geck)
Case: Sexual Harassment Retaliation, Wrongful Demotion and Termination
Role: Lead Trial Attorney
Verdict: Defense

February 2013 - Jury Trial (5 days)
Court: Southern District Texas (Hon. Vanessa Gilmore)
Case: ADEA and TCHRA (age)
Role: Lead Trial Attorney
Verdict: Plaintiff

March 2013 - Jury Trial (19 days)
Court: Los Angeles County Superior Court (Hon. Abraham Khan)
Case: Age and National Origin Discrimination, Defamation, and Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff (3 claims) Defense (2 claims and punitive damages)

February 2014 - Jury Trial (21 days)
Court: Alameda County Superior Court (Hon. Robert McGuiness)
Case: Age Harassment, Age Discrimination, Retaliation, Failure to Prevent (three defendants)
Role: Lead Trial Attorney
Verdict: Defense (all claims, all defendants)

Reported Cases

Cloud v. Northrop Grumman, 67 Cal. App. 4th 995 (1998)

Louie Lu v. Hawaiian Gardens Casino, 50 Cal. 4th 592 (2010)

Publications & News

Articles

•New Disability Law
December 26, 2000
•If It's Done Right, You Too, Can Be An At Will Employer
November 1, 2000

Media Mentions

•Top Women Lawyers - Tracey Kennedy
Daily Journal, May 7, 2014
•Logging a String of Big Wins in Labor & Employment
Daily Journal, February 9, 2011
•Employment Defense - Tracey Kennedy
California lawyers companies turn to first
Daily Journal, July 14, 2010
•Top 2010 Women Litigators
Daily Journal, May 12, 2010
•Top Labor Attorney - Tracey Kennedy
Named one of California's top 25 attorneys.
The Los Angeles Daily Journal, July 15, 2009
•2009 - Top Women Litigators
Partner Tracey Kennedy named a top women litigator.
Daily Journal, May 13, 2009

Speaking Engagements

•Ms. Kennedy has lectured state wide on personnel practices, employment discrimination, harassment, wrongful termination, unfair business practices, and trial practice and techniques.
•Featured Legal Commentator, 2010-2015 National Association of Health Care Recruiters

Events

•2015 Employment Discrimination and Personnel Relations Laws
Castle Publications, Ltd. Labor & Employment Seminars
Winter 2015
•2014 Employment Discrimination and Personnel Relations Laws
Summer 2014: August 13 and 21

•2014 Employment Discrimination and Personnel Relations Laws
Winter 2014: February 20 and March 5

•CAALA Las Vegas
Consumer Attorneys Association of Los Angeles Annual Convention
The Wynn Las Vegas, Summer 2013
•2013 Employment Discrimination and Personnel Relations Laws - Pasadena Area and Orange County
Summer 2013: July 31, August 15

•2012 Employment Discrimination and Personnel Relations Laws - San Francisco, Orange County, Pasadena and Los Angeles
Winter 2012: February 7, February 16, February 23 and March 1

•2011 Employment Discrimination And Personnel Relations Laws - San Francisco, Orange County, Pasadena and Los Angeles
Winter 2011: February 8, February 16, February 24, and March 3

•2010 Employment Discrimination and Personnel Relations Laws Series - Los Angeles, Orange County, San Francisco and Pasadena

•2010 Langston Bar Association Labor & Employment Seminar for New Attorneys

•2009 Employment Discrimination and Personnel Relations Laws Series - Los Angeles, Orange County, San Francisco and Pasadena

•2008 Employment Discrimination and Personnel Relations Laws Series - Los Angeles, Orange County, San Francisco and Pasadena

 
ISLN901679725
 


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Office Information

Tracey A. Kennedy

Forty-Third Floor, 333 South Hope Street
Los AngelesCA 90071-1448




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