Mark Kearney

Mr. Kearney is a founding shareholder at MK Smith specializing in business litigation and transactions, contract disputes and negotiations, employment law, business structuring and formation, ownership and shareholder disputes, public and private construction and development disputes, real estate, network marketing disputes, and intellectual property. Prior to co-founding MK Smith, Mr. Kearney was a partner at another well-respected Orange County law firm. Mr. Kearney has been successfully representing clients in both litigation (trial) and transactional matters for almost 15 years. Mr. Kearney obtained a Bachelor of Science degree in Justice Studies with a Minor in Business Administration from Arizona State University in 1999. While there, he served as a legislative intern for the State Bar of Arizona. Mr. Kearney received a Juris Doctorate degree from California Western School of Law in 2002, and was the recipient of the Award for Academic Excellence in Constitutional Law II. Mr. Kearney was admitted to the California Bar in 2002 and the Utah Bar in 2012, and is admitted to practice law before all state and federal courts in California and Utah, as well as the Ninth and Tenth Circuit Courts of Appeals. Mr. Kearney was named a Top Young Lawyer in Southern California by Los Angeles Magazine in 2008, 2013, 2014, and 2015.

Mr. Kearney has represented various corporate clients in both transactional and litigation matters, including software companies, private works and public works contractors, advertising companies, restaurants, nutritional supplement companies, payroll companies, network marketing distributors, factoring companies, collection companies, debt-settlement companies, and commercial lenders.

 

ADMISSION DETAILS

  • Admitted in 2002, California
  • Admitted in 2012, Utah
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Northern, Central, Southern and Eastern Districts of California
  • U.S. District Court, Eastern District of Wisconsin

 

EDUCATION

  • California Western School of Law Class of 2002, J.D.
  • Arizona State University Class of 1999, B.S., Justice Studies

 

MR. KEARNEY’S PROFESSIONAL SUCCESSES INCLUDE:

  • A complete defense verdict for the owner of several dog grooming businesses on claims for partial ownership of the businesses and labor code violations.  Also prevailed on the cross-complaint in which a permanent injunction was issued against the Plaintiff/Cross-defendant.  (Aaron Reich v. TLM Enterprise Group, Inc., et al., Orange County Superior Court)
  • Successfully defending at trial the owners of a multi-million dollar nutritional supplement company against ownership and employment related claims by a former owner and manager (Quadri v. Alkayali, (Orange County Superior Court)).
  • Successfully defending at trial a multi-million dollar nutritional supplement company in Federal court against trademark infringement claims and obtaining a jury verdict awarding the trademark and damages to the client (Collagen Nutraceuticals, Inc. v. NeoCell Corporation, (United States District Court, Southern District of California)).
  • Representing the founders and owners of a software company in an ownership and employment dispute and obtaining discovery sanctions against a large law firm in excess of $7,000.00 and achieving a successful settlement of the case.
  • Obtaining a successful settlement of over $1,000,000.00 representing a subcontractor on a large public works project against the general contractor and surety for amounts owed for extra work performed (Alliance Streetworks, Inc. v. SJB Group, Inc., Safeco Ins. Co. of America, et. al.).
  • Successfully defending a general contractor at arbitration against a multi-million dollar construction defect claim while prevailing on a counter-claim for money owed for work performed and recovering attorneys’ fees and costs (Community of Christ v. Austin Jones Corp.).
  • Obtaining a successful judgment at trial for securities fraud and breach of contract and recovering an award of over $350,000.00 for attorneys’ fees and costs.
  • Obtaining a settlement of over $1,000,000.00 representing a minority shareholder in connection with his shareholder claims.
  • Obtaining a non-dischargeable judgment for securities fraud and breach of fiduciary duty for $1,175,000.
  • Obtaining a jury verdict of over $4,000,000 for breach of an oral contract to grant stock in a private corporation.

Client Testimonials

Mr. Kearney has represented my interests several times over the years and I have been 100% satisfied with the results. His team is very detail oriented and he has brought too light many topics and previous rulings that I was obviously unaware of. I have appreciated my relationship with Mr. Kearney and his firm.

-Nathan ★★★★★

Mark is a good solid attorney and works with a great team of people. I have no problem recommending him and his firm to anyone that needs advice or assistance with business legal issues.

-Mark ★★★★★