Shawn M. Kennedy

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Partner

949.936.0903

skennedy@herrerakennedy.com


Shawn Kennedy is an accomplished attorney with over 20 years of experience in handling complex litigation matters on behalf of consumers, public and private companies, corporate executives, and law firms. He acts as lead counsel in nationwide class actions and has been trusted to represent many of the world’s largest corporations in a variety of high-stakes cases and government investigations. He is known for using strategic vision to drive successful outcomes for his clients.

Mr. Kennedy also has extensive experience representing technology companies and startups, including in securities class actions, regulatory enforcement proceedings, and software disputes. And as the founder of technology companies in the legal and financial industries, Mr. Kennedy brings the additional perspective of having navigated many of the same challenges faced by his clients.

Mr. Kennedy previously practiced with international law firms Morgan, Lewis & Bockius LLP and Howrey LLP.

Representative Matters

  • Acted as co-lead counsel in a privacy class action against financial technology company Plaid Inc.,
    securing a $58 million settlement on behalf of a nationwide class of consumers.

  • Successfully represented technology company executive in action alleging breach of
    fiduciary duty and misappropriation of trade secrets related to lending software.

  • Obtained favorable settlement for national law firm in class action alleging attorneys
    provided substantial assistance to client involved in securities fraud.

  • Defeated multiple actions against securitization trustees arising out of financial crisis.

  • Successfully defended computer hardware and software company against shareholder
    class action challenging multi-billion-dollar merger.

  • Investigated options awards by public company on behalf of special committee and
    presented results of investigation to SEC, resulting in no further investigation by SEC.

  • Obtained dismissals and early settlements of multiple false advertising consumer class
    actions against multinational consumer products company.

  • Defeated class certification in price fixing case brought against funeral home company.

  • Obtained favorable settlement for natural gas company in antitrust, breach of contract,
    and business tort case.

  • Obtained successful settlement for automobile manufacturer in breach of contract and
    business tort case related to custom software.

  • Won trial verdict for diesel manufacturer, defeating ARB regulation as an
    unconstitutional impairment of contract and illegal recall.

  • Prevailed on summary judgment in adversarial action brought by bankruptcy trustee
    against automobile manufacturer.

  • Lead trial counsel in federal trial on claims of excessive force under Section 1983. Won
    award of compensatory damages, punitive damages, and attorneys’ fees.

Noteworthy Contributions

Mr. Kennedy’s work as a litigator has been recognized by Super Lawyers, which chose him to its annual list of Rising Stars.

Throughout his career, Mr. Kennedy has been dedicated to serving the community through pro bono work, including as a member of the Central District of California’s Civil Rights Panel and as special prosecutor for the City of Redondo Beach. His contributions in that area have been recognized on several occasions, including through his selection as Attorney of the Year by the
Public Law Center, Orange County’s pro bono law firm.

He also has volunteered as an attorney coach for the Orange County Constitutional Law Foundation’s Mock Trial competition.

Mr. Kennedy’s publications and speaking engagements include:

  • Ethical Problems in the Use of Technology, San Diego County Bar Association Law & Technology Summit, January 2018

  • Avoiding Ethical Pitfalls in the Use of Technology, OCBA Business Litigation Section, August 2017

  • Why Depositions Must Go Digital, Legal Technology News, April 2014

  • Panelist, OCBA Masters Division Technology Seminar, November 2013

  • Frailty, Thy Name is Privilege: Mediation Confidentiality and its Jurisdictional Challenges, 26th Annual Intellectual Law Conference, April 2011

  • The Perfect Storm: Factors Leading to the Recent Flood in False Advertising Cases, Food and Drug Law Institute, January 2010

  • The Five People You Meet Preparing for Your Deposition, ABA Litigation Journal, Summer 2005

Practice Areas

  • Business and Complex Commercial Litigation

  • Data Privacy & Cybersecurity

  • Securities Litigation and Regulatory Enforcement

  • Antitrust Litigation

  • Professional Liability

  • Consumer Protection and False Advertising

  • Financial Services and Banking Litigation

  • Qui Tam/Whistleblower Litigation

  • Class Action Litigation

  • Intellectual Property and Trade Secrets

  • Real Estate Litigation

Education

JD, Duke University School of Law, 2001

BA, Cal Poly, San Luis Obispo, 1998