Tracey A. Kennedy

Sheppard Mullin • Los Angeles


Tracey Kennedy has spent the last 30 years representing employers in a wide variety of employment litigation, including trying three multimillion-dollar wage-and-hour cases to verdict.


Lately, she's won a string of individual plaintiff cases in which the plaintiffs weren't entirely truthful.


For instance, in late 2022, Kenedy defended a real estate office against sexual harassment and discrimination allegations by a former assistant. At one point, the young woman sought a promotion for which she was unqualified. When she was turned down, she accused one of the owners of touching her and asking about her personal life.


During the trial, she admitted that she did not have evidence of some of her claims, had lied under oath in some documents, lied on her résumés and also had tried to make a similar sexual harassment claim at her next employer when refused a raise. Her only witness at the trial was her grandmother, who had tried to evict her from a condo, but was temporarily stymied when the woman twice filed for bankruptcy, Kennedy said.


"That was a fun case," she said. "I've never had a case where a grandmother has sued a grandkid."


The case is now on appeal. Doe v. Dale Poe Real Estate Group, B325067 (Cal. App. 2nd. Dist., filed Nov. 18, 2022).


Another of Kennedy's trial wins was affirmed on appeal in June. She defended USC in a sexual assault and retaliation case brought by a doctor against another doctor plus L.A. County and the university. After a 26-day trial, the jury found only the defendant doctor liable. However, during the trial, it came out that the plaintiff had deleted some text messages sought in discovery and edited others and that her attorney was aware of that, Kennedy said. Zareh v. County of Los Angeles, B325355 (Cal. App. 2nd. Dist., dec'd June 28, 2024).


Just a year ago, Kennedy won a motion for summary judgment that disposed of a wrongful termination lawsuit brought by a woman who alleged she was fired for being absent to care for her disabled daughter. Kennedy said the woman actually was dismissed because she "just stopped coming to work and stopped responding for weeks." As for caring for her daughter, "she admitted not telling anyone about that until after she was terminated." Jack v. Advanced Sterilization Products Inc., 30-2021-01215725 (O.C. Super. Ct., filed Aug. 12, 2021).


Kennedy has served on Sheppard Mullin's executive and compensation committees and has been part of several of the firm's diversity, equity and inclusion initiatives. Maintaining diversity is good for the firm and the practice of law, but it is especially important in an employment practice, she said.


"Every case is different, every client's different, every plaintiff's different," Kennedy said. Without sensitivity to those differences, "you're not able to counsel [clients] appropriately. You're not going to be able to ... spot the legal and cultural and statutory issues."