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Mark Thomas Kearney

Litigation Attorney at Irvine, CA

5.0   5 reviews
Free consultation
Free consultation
  • State Years
    Utah - UT 10 years
    California - CA 21 years
  • Licensed for 10 years
    State UT
    Acquired 2012
    Active No misconduct found
  • Licensed for 21 years
    State CA
    Acquired 2002
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Mark

Learn Mark’s areas of practice.


I am a licensed attorney in California and Utah. I am a shareholder at the law firm of 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. I obtained a Bachelor of Science degree in Justice Studies with a Minor in Business Administration from Arizona State University in 1999. While there, I served as a legislative intern for the State Bar of Arizona. Ireceived 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. I was admitted to the California Bar in 2002 and the Utah Bar in 2012, and am 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. I have 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. Some of my professional successes include: (1) 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)); (2) 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, San Diego California)); (3) 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, and achieving a successful settlement of the case; (4) obtaining a successful settlement of over $1,000, 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.); (5) 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.); and (6) obtaining a successful judgment at trial for securities fraud and breach of contract and recovering an award of over $350, for attorneys’ fees and costs.


Client's Choice 2016
Client's Choice

Contact Mark

9891 Irvine Center Drive, Suite 200
Irvine, CA, 92618


5.0 / 5.0
  5 customer reviews
5 Star
4 Star
3 Star
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1 Star
Client's Choice 2016
Client's Choice
Client's Choice is an Avvo award granted to attorneys with a significant number of client reviews over 4 stars in a given year.
Posted by anonymous | July 22, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Litigated a Partnership Split
Mark was very detailed in what I needed to provide to him, and what I needed to do to prepare for. He did a complete review and strategy to complete litigation and we stuck for the most part to that plan. He was confident without being arrogant, knew what to say when, and in the end was battling an attorney from two different firms. Throughout the depositions Mark was always on point and quick to quash a very aggressive and arrogant opposing attorney's attempts to intimidate me and witnesses in depositions. We settled very favorably for me. Since then Mark has gone on to litigate a smaller case with a former employee in my spouse's company. That too was settled favorably for the company . Can't say enough about the team of lawyers at the firm, the office staff and assistants. I would recommend him to anyone!
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Posted by Mark | July 16, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Mark Kearney and his firm won a Superior Court judgment for me.
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.
Posted by anonymous | July 25, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Mark represented my company in a suit with a X employee.
Mark was so "professional" and on top of my case all the time. He fought hard and we won the case without going to trial. He goes after what is fair and will not stop if he feels you are in the right. He has a great personality and has a awesome bench mannor.
Posted by Nathan | July 18, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Productive, quick and meaningful
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.
Posted by anonymous | July 15, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Our corporate legal counsel for many years. Always good strategy & results. Won't go elsewhere!


  • Free Consultation 30 minutes
  • Hourly Rates $ 350-350 per hour
  • Contingency 33%-40%
Payment methods
Cash, Check, Credit Card


AVVO RATING 8.3 (Excellent)

Work Experience

  • Partner
  • 2017 - Present
  • Partner
  • Smith LC
  • 2003 - 2017


  • California Western School of Law
  • JD - Juris Doctor
  • 2002
  • Arizona State University
  • BS - Bachelor of Science
  • 1999

Legal Cases

  • Young v. Fluorotronics
  • Jury verdict in favor of client.
  • Alliance v. SJB Group
  • Settlement of over $1,000,000.00
  • Quadri v. Alkayali
  • Successful defense judgment
View all legal cases


  • Orange County Bar Association
  • Member
  • 2005 - Present

Languages Spoken

  • English

Honors and Awards

  • Client's Choice
  • Avvo
  • 2016
  • Rising Star
  • SuperLawyers
  • 2015
  • Rising Star
  • SuperLawyers
  • 2014
  • Rising Star
  • SuperLawyers
  • 2013
  • Top Young Lawyers
  • Los Angeles Magazine
  • 2013
  • Rising Star
  • SuperLawyers
  • 2008
  • Top Young Lawyers
  • Los Angeles Magazine
  • 2008
View all awards

Attorney endorsements

Received (2)
Given (3)
Endorse Mark
Litigation Attorney | May 16
Relationship: Worked together on matter
"I had the privilege of working with Mr. Kearney for over a year on a high stakes, high dollar value, business litigation defense case. Mr. Kearney helped to successfully defend each cause of action, which resulted in a huge win for the client. If you need a skilled and experienced litigator I highly recommend Mr. Kearney."
Personal injury Attorney | Apr 27
Relationship: Fellow lawyer in community
"Mr. Kearney assisted me in a premises liability-products liability claim. He was very knowledgeable and helpful in my case. I would recommend Mr. Kearney."