Tracey A. Kennedy is a lawyer practicing labor and employment, labor and employment litigation, discrimination, harassment, and retaliation and 18 other areas of law. Tracey received a B.A. degree from University of Texas in 1987, and has been licensed for 36 years. Tracey practices at Sheppard Mullin in Los Angeles, CA.
Reviews for Tracey
Services
Areas of Law
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Labor and Employment 1
- Wrongful Termination
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Litigation
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Insurance
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Other 17
- Labor and Employment Litigation
- Discrimination, Harassment, and Retaliation
- Wage and Hour Class Actions
- Labor and Employment Counseling
- Employee Hiring/Discipline/Termination
- Employment Agreements
- Handbooks and Personnel Policies
- Harassment Investigation and Training
- Wage and Hour Regulations
- Workplace Violence
- Entertainment, Technology and Advertising
- Fashion, Apparel and Beauty
- Financial Services
- Food and Beverage
- Healthcare
- Hospitality
- Retail
Practice Details
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Firm InformationPositionPartnerFirm NameSheppard Mullin
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Representative Cases & TransactionsCasesExperience: Select Cases - Jury
Bench Trials,
Arbitrations: 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 (five days)
Court: Los Angeles County Superior Court (Hon. Dzintra Janavs)
Case: Breach of Construction Contract
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
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
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
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. Alex
er Williams)
Case: Wrongful Termination, Violation of Fair Credit Reporting Act, Retaliation
Race Discrimination
Role: Second Chair
Verdict: Plaintiff as to Wrongful Termination
Violation of FCRA
Defense as to Discrimination
Retaliation
August 1998 - Jury Trial (seven days)
Court: U.S. District Court for the Central District of California (Hon. Audrey Collins)
Case: Age Discrimination (three plaintiffs)
Role: Co-Counsel
Verdict: Defense (as to all plaintiffs)
October 1998 - Jury Trial (four days)
Court: Los Angeles County Superior Court (Hon. Richard Kalustian)
Case: Sexual Harassment
Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff (verdict was less than half of settlement offer)
February 1999 - Jury Trial (eight days)
Court: Los Angeles County Superior Court (Hon. James Dunn)
Case: Age Discrimination
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
Age Discrimination
Breach of Contract
Role: Lead Trial Attorney
Verdict: Defense
November 1999 - Jury Trial (seven days)
Court: U.S. District Court for the Central District of California (Hon. William Rea)
Case: Race Discrimination
Retaliation
Role: Lead Trial Attorney
Verdict: Defense
January 2000 - Bench Trial (six days)
Court: U.S. District Court for the Central District of California (Hon. Laughflin Waters)
Case: Race
National Origin Discrimination, Race
National Origin Harassment
Retaliation
Role: Lead Trial Attorney
Verdict: Defense
March 2000 - Bench Trial (five 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
individuals dismissed before trial)
September 2000 - Jury Trial (five days)
Court: Los Angeles Superior Court (Hon. Coleman Swart)
Case: Breach of Implied Contract
Age
Sex Discrimination
Role: Lead Trial Attorney
Verdict: Defense
August 2001 - Bench Trial (four days)
Court: Los Angeles County Superior Court (Hon. James L. Wright)
Case: Medical Condition
Disability Discrimination
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 for one Plaintiff.
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
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
Gender Harassment, Age
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
Harassment, Retaliation
Loss of Consortium
Role: Lead Trial Attorney
Verdict: Defense
July 2008 - Bench Trial (one day)
Court: Los Angeles Superior Court (Hon. Louis Lavin)
Case: Wage Penalties
Role: Lead Trial Attorney
Verdict: Defense
August 2008 - Bench Trial (nine days)
Court: Los Angeles County Superior Court (Hon. Susan Bryant-Deason)
Case: National Origin Discrimination
Harassment
Role: Lead Trial Attorney
Verdict: Settlement (during trial)
March 2009 - Jury Trial (eight days)
Court: Los Angeles County Superior Court (Hon. Zaven Sinanian)
Case: Pregnancy Discrimination, Pregnancy Harassment
Retaliation
Role: Lead Trial Attorney
Verdict: Defense
August 2009 - Bench Trial (eight days)
Court: Orange County Superior Court (Hon. Richard Luesebrink)
Case: Disability Discrimination, Harassment, Retaliation
Failure to Accommodate
Role: Lead Trial Attorney
Verdict: Defense
September 2009 - Bench Trial (10 days) (Class Action)
Court: Los Angeles County Superior Court (Hon. William MacLaughflin)
Case: Wage
Hour Class Action (Executive Exemption) (Business & Professions Code 17200)
Role: Lead Trial Attorney
Verdict: Defense
December 2009 - Jury Trial (eight days)
Court: Orange County Superior Court (Hon. Franz Miller)
Case: Overtime (Exemption)
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 (settled post motion)
August 2010 - Jury Trial (10 days)
Court: Santa Rosa County Superior Court (Hon. Mark Tansil)
Role: Co-Lead Trial Attorney
Case: Sexual Harassment
Retaliation
Verdict: Plaintiff
October 2010 - Jury Trial (10 days)
Court: San Francisco Superior Court (Hon. Charlene P. Kiesselbach)
Case: Wrongful Termination
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 (six 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
Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff as to Retaliation, Negligence
Verdict: Defense as to 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
Hour Class Action (tip pool) (Business & Professions Code 17200)
Role: Lead Trial Attorney
Verdict: Defense
October 2012 - Bench Trial (five days)
Court: Orange County Superior Court (Hon. Ronald Bauer)
Case: Wrongful Termination
Blacklisting
Role: Lead Trial Attorney
Verdict: Defense
December 2012 - Jury Trial (nine days)
Court: Santa Barbara County Superior Court (Hon. Donna Geck)
Case: Sexual Harassment Retaliation, Wrongful Demotion
Termination
Role: Lead Trial Attorney
Verdict: Defense
February 2013 - Jury Trial (five days)
Court: Southern District Texas (Hon. Vanessa Gilmore)
Case: ADEA
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
National Origin Discrimination, Defamation
Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff (three claims)
Defense (two claims
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
September 2015 - Arbitration (seven days)
Arbitration: Los Angeles (Hon. Enrique Romero)
Case: Sexual Harassment, Retaliation, Bane Act, Wrongful Termination by former employee
wrongful termination
indemnification by former supervisor (cross-complaint)
Role: Lead Trial Attorney
Verdict: Defense (all claims as to Claimant
Cross-Claimant)
January 2016 - Jury Trial (12 days)
Court: Los Angeles (Hon. Michael Johnson)
Case: Sexual Harassment, Retaliation
Intentional Infliction of Emotional Distress
Role: Lead Trial Attorney
Verdict: Plaintiff
March 2016 - Jury Trial (19 days) (Class Action)
Court: Eastern District of California (Hon. Stanley Boone)
Case: Class Action - Wage
Hour (Meal Period, rest breaks, premium payments, waiting time penalties
PAGA penalties) (Three certified classes of 29,500 current
former employees)
Role: Lead Trial Attorney
Verdict: Defense as to all claims but meal premium pay ($495,000), defense as to all PAGA penalties
May 2016 - Jury Trial (six days)
Court: Los Angeles County Superior Court (Hon. Victor E. Chavez)
Case: Sexual, Race
Sexual orientation Harassment
Intentional Infliction of Emotional Distress
Role: Lead Trial Attorney
Verdict: Defense
October 2013 - August 2016 Arbitration (50 days)
Arbitration: FINRA arbitration (New York) Three Member Panel
Case: Representing Claimant for Breach of Fiduciary Duty, Breach of Contract
Breach of Loyalty Interference with Contract
Role: Co-Lead Trial Attorney (Three Lead Attorneys)
Verdict: Claimant
September 2017 - Arbitration (two days)
Arbitration: James Adler
Case: Disability Discrimination, Failure to Accommodate, Failure to Engage in Interactive Process, Retaliation
Wrongful Termination
Role: Lead Attorney
Verdict: Defense
November 2017 - Jury Trial (12 days)
Court: Orange County Superior Court (Hon. Derek Hunt)
Case: Gender Discrimination, Retaliation, Failure to Accommodate, Failure to Engage in Interactive Process
Disability Discrimination
Role: Lead Trial Attorney
Verdict: Defense
April 2018 - Jury Trial (seven days)
Court: Los Angeles County Superior Court (Hon. Gregory Alarcon)
Case: Disability Discrimination
Retaliation
Role: Lead Trial Attorney
Verdict: Plaintiff as to retaliation ($42,000) Defense as to all other claims
December 2020 - Arbitration (two days)
Arbitration: Christine Masters
Case: Retaliation
Wrongful Termination
Role: Lead Attorney
Verdict: Defense
March 2021 - Bench Trial (four days)
Court: Los Angeles County Superior Court (Hon. Yol
a Orozco)
Case: Sexual Harassment/Assault
Role: Lead Trial Attorney
Verdict: Defense
August 2021 - Jury Trial (nine days)
Court: Riverside Superior Court
Case: Pregnancy Harassment/Discrimination, Retaliation, Failure to Accommodate, Failure to Prevent, Defamation, Wrongful Termination
Role: Lead Trial Attorney
Verdict: Plaintiff-Defamation only
Defense as to remaining claims
September 2021 - Jury Trial (six days)
Court: United States District Court, Northern District of California (Hon. William Orrick)
Case: Race Harassment,
Retaliation (Section 1981)
Role: Lead Trial Attorney
Verdict: Plaintiff (remitted
now on re-trial as to damages only)
March 2022 - Arbitration (three days)
Arbitrator: Bonnie Siber Weinstock
Case: Sexual Harassment, Gender Discrimination, Retaliation, Wrongful Termination, Breach of Contract
Role: Lead Trial Attorney
Verdict: Plaintiff breach of contract
Defense as to all other claims
April 2022 - Jury Trial (eight days)
Court: Orange County Superior Courts (Hon. David Hoffer)
Case: Race Harassment, Retaliation, Negligent Retention
Supervision
Role: Lead Trial Attorney
Verdict: Defense
August 2022 - Arbitration (three days)
Arbitrator: Hon. Enrique Romero/Hon. Richard Stone
Case: Disability Discrimination Retaliation, Failure to Accommodate, Failure to Engage in Interaction Process, Retaliation
Role: Lead Attorney
Verdict: Defense
August 2022 - Jury Trial (27 days)
Court: Los Angeles County Superior Court (Hon. Stephen Czuleger)
Case: Sexual Harassment/Assault, Retaliation in Employment
Education
Role: Lead Trial Attorney
Verdict: Defense
September 2022 - Jury Trial (seven days)
Court: Los Angeles County Superior Court (Hon. Daniel Murphy)
Case: Sexual Harassment, Retaliation
Role: Lead Trial Attorney
Verdict: Defense
October 2022- Bench Trial (3 days)
Court: Los Angeles County Superior Court (Hon. Shirley Watkins)
Case: Constructive Termination, Negligence
Role: Lead Trial Attorney
Verdict: Defense
November 2022 - Jury Trial (4 days)
Court: U.S.D.C. - Central District (Hon. Michael Wilner)
Case: Non-payment of wages
penalties
Role: Co-Counsel (representing plaintiffs)
Verdict: Defense
Reported Cases: Cloud v. Northrop Grumman, 67 Cal. App. 4th 995 (1998)
Louie Lu v. Hawaiian Gardens Casino, 50 Cal. 4th 592 (2010)
Experience
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Bar Admission & MembershipsAdmissions1990, California
1992, Texas
2006, 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
MembershipsMemberships
•fellow, The College of Labor and Employment Lawyers
•fellow, American College of Trial Lawyers
•Member, Association of Southern California Defense Counsel
•Member, American Board of Trial Advocates
•Member, American Trial Lawyers Association
•Member, Litigation Counsel of America
•Former Member, 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 -
Education & CertificationsLaw SchoolUniversity of Texas at Austin
Class of 1990
J.D.
Other EducationUniversity of Texas
Class of 1987
B.A.
Tracey A. Kennedy
350 South Grand Avenue, 40th FloorLos Angeles, CA 90071U.S.A.
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