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MKS LAW

We are committed to providing the highest quality legal representation in a cost-effective manner.

About US

With over 20 years of combined successful trial and litigation experience, MK Smith strategically handles all of your legal needs from the pre-litigation phase all the way through trial, if necessary. MK Smith counsels and advises both individual and business clients both inside and outside of the court room.

Jason Smith

Jason K. Smith is one of the founding shareholders of MK Smith, APC. He has been admitted to practice in state and federal courts of both California and Utah. Mr. Smith focuses his practice in civil litigation and has successfully represented clients in matters involving business litigation, construction litigation, patent litigation, contract disputes, employment issues, false advertising, unfair business practices, personal injury, medical malpractice, family law, education law, and special education law.

Mr. Smith obtained his Bachelors degree in Political Science from the University of Utah, graduating Cum Laude in 2008. In 2011, he received his Juris Doctorate degree from the Pepperdine University School of Law. At Pepperdine, Mr. Smith was a Fellow with the Geoffrey H. Palmer Center for Entrepreneurship and the Law, and was a student representative with the Special Education Advocacy Clinic for the Pepperdine School of Law wherein he assisted special needs children resolve disputes about educational services.

Mr. Smith has extensive trial and litigation experience. For example, Mr. Smith was trial counsel in a 30 day trial federal jury trial, he was trial counsel in a 20 day state court trial, and has worked as counsel on several other cases from the beginning all the way to trial. Mr. Smith has also handled several appeals, including an oral argument before the California Court of Appeal in Santa Ana, California.

MR. Smith is well-recognized by his peers and clients as being a sharp and dedicated attorney who always strives to achieve the highest level of legal representation for his client.

Admission Details

  • Admitted in 2012, California and U.S. District Courts, Southern and Central Districts of California
  • Admitted in 2012, California and U.S. District Courts, Southern and Central Districts of California
  • 2011, Utah Supreme Court
  • 2011, California Supreme Court
  • 2012, U.S. District Court for the Central District of Utah
  • 2012, U.S. Court of Appeals for the Tenth Circuit
  • 2013, U.S. Court of Appeals for the Ninth Circuit

Law School Attended

  • Pepperdine University School of Law Class of 2011, J.D.

University Attended

  • University of Utah
  • Class of 2008, B.S., cum laude

Associations

  • State Bar of California, State Bar of Utah, J. Reuben Clark Law Society, Orange County Bar Association, Los Angeles County Bar Association

Mark Kearney

Mr. Kearney is a founding shareholder at 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. Prior to co-founding MK Smith, Mr. Kearney was a partner at another well-respected Orange County law firm. Mr. Kearney has been successfully representing clients in both litigation (trial) and transactional matters for almost 15 years.

Mr. Kearney obtained a Bachelor of Science degree in Justice Studies with a Minor in Business Administration from Arizona State University in 1999. While there, he served as a legislative intern for the State Bar of Arizona. Mr. Kearney received 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. Mr. Kearney was admitted to the California Bar in 2002 and the Utah Bar in 2012, and is 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.

Mr. Kearney has 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 Mr. Kearney's professional successes include:

  • 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)).

  • 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)).

  • 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 $7,000.00 and achieving a successful settlement of the case.

  • Obtaining a successful settlement of over $1,000,000.00 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.).

  • 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.).

  • Obtaining a successful judgment at trial for securities fraud and breach of contract and recovering an award of over $350,000.00 for attorneys' fees and costs.

  • Obtaining a settlement of over $1,000,000.00 representing a minority shareholder in connection with his shareholder claims.

  • Obtaining a non-dischargeable judgment for securities fraud and breach of fiduciary duty for $1,175,000.

  • Obtaining a jury verdict of over $4,000,000 for breach of an oral contract to grant stock in a private corporation.

Mr. Kearney was named a top young lawyer in Southern California by Los Angeles Magazine in 2008, 2013, 2014, and 2015.

Admission Details

  • Admitted in 2002, California
  • Admitted in 2012, Utah
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Northern, Central, Southern and Eastern Districts of California
  • U.S. District Court, Eastern District of Wisconsin

Law School Attended

  • California Western School of Law
  • Class of 2002, J.D.

University Attended

  • Arizona State University
  • Class of 1999
  • B.S., Justice Studies

Team Name 3

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