Kemple, Mark D.

Current Employment Position(s)

Partner

Lawyer Overview

Mark Kemple has extensive experience in all aspects of employment litigation, including wage and hour class and individual claims, federal and state discrimination claims, wrongful termination, and misappropriation of trade secret claims. Mark also has wide and extensive experience in unfair competition and consumer protection actions - topics on which he has spoken in a variety of forums.

Mark has handled disputes for companies of all sizes and has tried numerous lawsuits and arbitrations throughout the United States as well as argued appeals in three federal circuits and several state courts of appeal. For instance, Mark has been counsel of record in recent years for General Electric, PepsiCo, TRW, Mentor Corp., Washington Group International, Wal-Mart, Verizon Wireless, Trammell Crow Company, Albertsons, and the Los Angeles Unified School District, among other entities.

As part of his ongoing commitment to public service, Mark has been lead counsel in a series of publicized lawsuits involving aliens held in U.S. administrative detention, resulting in three published decisions from the U.S. Courts of Appeal. Mark has written and spoken on these and related topics and has been published in the Southern California Law Review. Mark is a director of the Orange County Bar Foundation and chairs the Charitable Fund-Raising Committee for the Orange County Marathon.

Before entering law school, Mark worked as a producer/editor for Cable News Network in Washington, D.C. After his judicial clerkship, he joined the Los Angeles office of Gibson, Dunn & Crutcher LLP, where he practiced general business litigation until joining Jones Day.

Areas of Practice

• Trial Practice
• Labor & Employment
• Class Action Employment Litigation
• Federal and State Wage-Hour Counseling & Litigation
• Single & Multiple Plaintiff Employment Litigation
• Noncompetition, Confidentiality, Trade Secret & Employee Raiding

Representative Cases

• 32nd District Agricultural Association obtains successful jury verdict and favorable settlement in restrictive covenant action arising from sale of Pacific Amphitheatre , (2009)
• ACI and MidOcean obtain dismissal of wage and hour class action brought on behalf of current and former Sales Consultants for Jenny Craig
• Albertson's defends against putative class action of denial of unemployment benefits to 4,500 striking employees
• Applied Medical Resources defends against trade secret theft claims and prevails in malicious prosecution trial
• Applied Medical Resources successfully defends against discrimination and failure to pay overtime lawsuit
• Boston Market obtains favorable class-wide settlement in wage and hour action involving 6,200 non-exempt restaurant workers in California , (2009)
• Boston Market obtains favorable settlement in putative class action alleging wage and hour violations
• Experian defeats class certification in alleged violation of Credit Repair Organization Act matter
• Hospital Corporation of America defends against discrimination and retaliation action
• L.A. Unified School District obtains dismissal of bad-faith bargaining claims
• L.A. Unified School District wins summary judgment and appeal in termination and harassment case under FEHA and Title VII
• McDonald's defeats class certification of 45,000 employees in wage and hour action , (2009)
• MedPartners defended in unfair business practice claim
• Mentor prevails in unfair hiring, theft of trade secrets and licensing dispute with distributor in Iberian Peninsula
• Michaels obtains favorable class-wide settlement in unfair competition and false advertising action
• PepsiCo obtains summary judgment in action arising from failed investments in South African bottling company
• San Bernadino County settles liability trial in inverse condemnation case
• SeatoCorp and SMX reach favorable settlement in purported state-wide class action alleging violations under California Labor Code and Section 17200
• Southern California Medical Corporation fights to keep patient lists
• TRW defends against claims brought by the federal government under the False Claims Act
• Verizon California defeats class certification in putative class action alleging multiple violations of California Family Rights Act et al. , (2009)
• Verizon Wireless obtains favorable settlement in gender discrimination suit
• Verizon Wireless obtains summary judgment in employee action alleging unfair compensation plans
• Wal-Mart resolves putative class action in federal court involving management overtime
• Washington Group International acquires Raytheon Engineers & Constructors from Raytheon Company and settles price adjustment dispute , (2009)

West Practice Categories

Bankruptcy Litigation, Class Actions, Collective Bargaining, Complex Litigation, Employment Law -- Employee, Employment Law -- Employer, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Labor Arbitration, Labor Disputes, Labor Law, Labor Legislation, Labor Relations Boards & Proceedings, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, Unfair Labor Practices, Unions, US Court of Appeals for the Federal Circuit, US Supreme Court, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act

Bar Admissions

• California

Education

• U of California - Los Angeles
• U of Southern California

Published Works

• Brinker, Brinkley, and Beyond: Surveying California's Wage-Hour Field of Battle, 2009
• Brinker, Brinkley, and Beyond: Surveying the Field of Battle, 2008
• ALERT: California Supreme Court Rejects the Narrow-Restraint Exception and Invalidates Noncompete Agreement, 2008
• ALERT: California Appellate Court Holds that Meal Periods Must be Made Available to Employees; California Labor Commissioner Follows Suit, 2008
• 2006 California Employment Law Legislative Update, 2006
• 2005 California Employment Law Legislative Update, 2005
• 2004 California Employment Law Legislative Update, 2004

Address

555 South Flower Street
Fiftieth Floor
Los Angeles, CA 90071-2300

Phones

1.213.243.2195 (Business Phone)

Faxes

1.213.243.2539 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com