Mark Thomas Kearney

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.