Photo, Nicholas O. Kennedy

Nicholas O. Kennedy

Associate
Baker & McKenzie LLP

Biography

Nick Kennedy’s practice encompasses a broad range of litigation matters including class actions, commercial and shareholder disputes, employment claims, and cross-border litigation and arbitration. In law school, he was a member of the UCLA Law Review, was awarded Order of the Coif, and externed for the Honorable Arthur L. Alarcon of the US Court of Appeals for the Ninth Circuit. He began his practice in Los Angeles and regularly practices in Texas and California. Mr. Kennedy maintains an active pro bono practice ranging from advocating for additional mental health benefits for developmentally delayed children to contributing as a co-author to an amicus brief in a case at the United States Supreme Court.

Practice Focus

Mr. Kennedy represents clients in state and federal court, and in domestic and international mediation and arbitration. He serves clients in the banking, consumer products, entertainment, hospitality, oil and gas, medical devices, manufacturing, retail, restaurants, telecommunications, transportation, and computer software industries, among others.

He has prosecuted and defended claims involving breach of contract, fraud, misappropriation of trade secrets, unfair competition, consumer protection, environmental, and employment actions. He has also helped enforce foreign judgments and arbitration awards.

Mr. Kennedy regularly advises companies regarding compliance with California's Proposition 65. He has extensive trial and appellate experience. In addition, he has counseled companies on improving internal brand protection and compliance processes, and helped develop anti-counterfeiting programs.

Representative Legal Matters

Class Actions and Consumer Protection
  • Defended large national bank against putative nationwide class action in Northern District of Georgia claiming bank’s overdraft policies were illegal and alleging breach of contract, unjust enrichment, and conversion and seeking over USD100 million in damages.
  • Represented software provider in class action in Northern District of California alleging violations of various consumer protection statutes based on subscription renewal policies.

International Disputes

  • Defended multinational bank headquartered in the United Kingdom in lawsuit in the Northern District of Texas alleging breach of contract and conversion based on alleged actions of client’s subsidiary bank in Africa.
  • Represented Russian national in series of coordinated proceedings seeking to enforce USD75 million arbitration award issued in the United Kingdom against Russian national currently residing in the United States.

Consumer Protection and California Proposition 65

  • Defended major theme park operator in lawsuit alleging failure to warn of alleged exposure to Proposition 65 listed chemical in brass products throughout the park.
  • Represented national restaurant chain in investigation of email advertising practices by state Attorney General alleging violation of state and federal consumer protection and defective marketing laws.

Commercial Disputes

  • Defended French distributor of cell phone products against direct and derivative claims for breach of fiduciary duty, fraud, breach of contract, and unfair competition brought by purported assignee of shareholder in US joint venture.
  • Represented majority equity investor in luxury Hawaii hotel in dispute with franchise and management company relating to hundred-million dollar renovation and rebranding of hotel.

Employment Disputes

  • Represented manufacturer in action for breach of contract, misappropriation of trade secrets, theft, and other causes of action in Eastern District of Texas against former employees who started competing company.

Other Notable Matters

  • Drafted amicus curiae brief for United States Supreme Court’s consideration in seminal civil rights case Hollingsworth v. Perry, which struck down California’s Proposition 8.

Professional Associations and Memberships

  • UCLA Law Review - Business Manager
  • Dallas Bar Association - Member
  • American Bar Association - Member
  • Dallas Young Lawyers Association - Member

Admissions

  • U.S. Court of Appeals, Second Circuit~United States (2017)
  • U.S. Court of Appeals, Sixth Circuit~United States (2015)
  • U.S. District Court, Northern District of California~United States (2015)
  • U.S. Court of Appeals, Fifth Circuit~United States (2014)
  • Texas~United States (2013)
  • U.S. District Court, Northern District of Texas~United States (2013)
  • U.S. District Court, Eastern District of Texas~United States (2013)
  • U.S. District Court, Eastern District of Michigan~United States (2013)
  • U.S. District Court, Central District of Illinois~United States (2013)
  • U.S. District Court, Southern District of California~United States (2012)
  • U.S. Court of Appeals, Ninth Circuit~United States (2011)
  • U.S. District Court, Central District of California~United States (2011)
  • California~United States (2011)

Education

  • University of California at Los Angeles (J.D. Order of the Coif)
  • Harvard University (A.B. Government & Economics)

Languages

  • English
  • Spanish