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Denis Sullivan Kenny
140 Geary Street, 7th Floor San Francisco, CA 94108
dsk@sfcounsel.com

  • Denis Sullivan Kenny
  • E-Mail: dsk@sfcounsel.com
  • Phone: (415) 433-1099
  • Fax: (415) 433-9434

Areas of Expertise:

  • Labor and Employment Litigation and Counseling
  • Personal Injury Litigation
  • Intellectual Property Litigation
  • Complex Commercial Litigation

Education:

  • University of San Francisco (J.D. 1995) Cum Laude
  • University of California, Berkeley (B.A. 1991) Honors
  • University of York, England (Fall 1990)

Denis is a founding partner at Scherer Smith & Kenny LLP. Denis is an experienced civil litigator specializing in employment litigation and counseling for employers and employees alike. In counseling client employers, Denis emphasizes the importance of developing and implementing policies and procedures designed to ensure compliance with state and federal laws relating to 1099 independent contractor issues, wage and hour questions, wrongful termination and harassment/discrimination in the workplace. As part of his practice, he speaks to groups and provides frequent updates to clients on developments in the ever-changing employment law arena.

Denis also represents companies and individuals in a wide variety of business matters, ranging from personal injury to trade secrets disputes. He regularly represents clients in state and federal court and has appeared before administrative forums, such as the California Labor Commission and the State Personnel Board, on employment and other litigation matters. Denis is also a member of the labor and employment referral panel of the Bar Association of San Francisco.

Before Scherer Smith & Kenny LLP, Denis served three years as a deputy attorney general in the Employment Rights and Administration division of the California Attorney General’s Office. Before that, Denis worked as an associate in the San Francisco Office of the Sedgwick firm.

Representative Matters:

  • Morphis State of California, Department of Developmental Services – Received defense verdict in disability discrimination jury trial
  • HCSS, v. SEIU United Healthcare Workers West, et al. – Obtained federal court preliminary injunction in trade secrets case involving theft of client’s temporary staffing database/list
  • McClure D.R. Horton, Inc., et al. – Obtained $185,000 settlement after winning arbitration on behalf of real estate agent who claimed unpaid commissions against former employer
  • Confidential: Reversed on Appeal Employment Development Department’s ruling against employer on W-2/1099 misclassification assessment
  • Confidential: Represented client company in multi-state federal and state agency independent contractor/W2 employee misclassification audit and prosecution/enforcement proceedings
  • Confidential: Obtained Federal court preliminary injunction in trade secrets case involving theft of client’s temporary staffing database/list
  • Confidential: Obtained State court preliminary injunction prohibiting cancelation of client’s workers’ compensation policy
  • Confidential: Mediated settlement of $765,000 for victim’s family in wrongful death motor vehicle collision
  • Confidential: Mediated settlement of $750,000 for client injured in motor vehicle collision

Published Cases:

  • Holmes v. California National Guard (2001) 90 Cal.App.4th 297
  • Furman Department of Motor Vehicles (2002) 100 Cal.App.4th 416