Jennifer G. Redmond

Jennifer Redmond is a seasoned trial attorney and partner in the firm's San Francisco office. She is an active member of firm's Noncompete and Trade Secrets Team, and serves on the firm’s Executive Committee and formerly served as Chair of the firm’s Compensation Committee.

Areas of Practice

Jennifer is a seasoned trial lawyer specializing in partnership disputes, equity disputes, defamation, executive disputes and negotiations, negotiating and litigating restrictive covenants, trade secrets litigation, whistleblower litigation, and class action litigation. She writes and teaches on restrictive covenants in California and assists in the structuring of transactions and relationships to support the use of restrictive covenants. She has significant experience in the food and beverage, technology, biotechnology, financial services, entertainment, drug distribution, and national multi-housing industries.

Outside of the courtroom, Jennifer has considerable experience counseling employers on enforcement of non-solicitation and non-compete agreements, protection of trade secrets, wage and hour compliance, WARN Act compliance, family and medical leave compliance, disability accommodation, and employee housing, among other topics. She also assists in the design and implementation of restructuring and downsizing programs, mediating employment disputes, training management and employees on harassment and discrimination prevention, and compliance with wage and hour obligations.

Experience

Recent Representative Matters

Jennifer and her trial team represented Plaintiff David Rodgers in a partnership and defamation dispute involving auto dealerships. After three years of litigation and a 10-week jury trial, a Placer County, CA jury awarded $17.3 million in damages to Rodgers after finding that (1) his longtime business partner and uncle, John L. Sullivan, of the Sullivan Automotive Group, made fraudulent and false promises to grant Rodgers an ownership interest in Roseville Toyota dealership, and (2) Sullivan defamed Rodgers by disseminating false claims that Rodgers had physically assaulted him.

Jennifer and her team developed the legal strategy to support and then file a declaratory relief litigation action in California under new California Business & Professions Code sections 16600.1 and 16600.5 challenging an executive’s out-of-state noncompete. The executive moved to California from Florida for a new position. The matter was successfully resolved, and the executive was able to start new employment in California.

Successfully directed and managed a complex lift-out of a large team from a high profile consulting firm to a start-up competitor, where an executive leading the team had an enforceable noncompete deal.

Secured a temporary restraining order and preliminary injunction in California state court on behalf of an executive search firm against a competitor and two former employees in a misappropriation of trade secrets and unfair competition case.

Jennifer and her team prevailed on trade secret misappropriation claims in federal court in the Central District of California against former executives of a regional financial institution who put together a competing business plan using the companies’ trade secrets. Obtained a temporary restraining order and a preliminary injunction barring the defendants from soliciting clients and employees, including through the use of trade secrets maintained in memory. Case thereafter settled favorably, including a three-year stipulated injunction.

Defended a bedding frame manufacturer and distributor in Missouri federal court against trade secret claims (among others) resulting from the exchange of information under an NDA during merger negotiations and later hiring of Plaintiff’s executive after the deal busted. Removed to federal court and prevailed in obtaining (1) dissolution of an ex parte temporary restraining order, and (2) an order holding that Plaintiff’s noncompetition agreement is unenforceable as a matter of law.

Defended an executive against a temporary restraining order and effort to enforce a two-year noncompete provision in federal court in Oregon. Obtained an order requiring the former employer to pay the executive during the restricted period, which resulted in a favorable settlement.

Jennifer testified as an expert witness on California restrictive covenants in a high-profile divorce proceeding in Marin County Superior Court where a multi-million dollar payment for a post-termination noncompete was challenged by a former spouse as unenforceable under California law and therefore attributable instead to services rendered during employment (and, as such, was community property).

On behalf of medical device company, Jennifer and her team defeated former CEO’s claims for compensation and benefits, and prevailed on counter-claims against the CEO for breach of fiduciary duty, conversion, and related claims, with damages awarded in our client’s favor.

Represented major e-commerce company in defense of lawsuit alleging disability discrimination and failure to accommodate brought by former employee who suffered from stage 4 colon cancer and a stroke. Brought successful petition to compel arbitration and obtained defense ruling in arbitration finding that employer properly engaged in the interactive process, provided reasonable accommodation, and terminated the employee only after accommodations were unsuccessful.

Defended a leading drug distribution and healthcare technology company in 11-day jury trial in San Francisco Superior Court against claims brought by a former technology consultant for indemnification under California Labor Code section 2802, breach of contract, wrongful termination, fraud and infliction of emotional distress. The claims were brought on the theory that the Plaintiff was a dual employee of Plaintiff's consulting firm employer and the client company. Complete defense verdict (12-0) obtained.

Filed noncompete enforcement action against former Chief Marketing Officer of multi-national company, following executive's abrupt resignation and demand for several million dollars in "good reason" severance. Matter settled quickly and favorably for our client.

Jennifer defended world's largest global network of integrated services in 15-day arbitration brought by former vice president who sued for gender discrimination, retaliation, defamation, breach of contract, and other claims. Plaintiff claimed damages in excess of $4 million and was awarded a small fraction of the demand.

Defended national insurance and financial service company in 16-day jury trial in San Mateo County Superior Court brought by a former commissioned surety bond producer who sued for breach of contract, intentional interference with prospective economic advantage, fraud, negligent misrepresentation, defamation, and unfair business practices. Plaintiff's demand was $4.4 million; complete defense verdict obtained.

Honors

Recognized for Labor and Employment Litigation, Best Lawyers, 2021-2025

Martindale-Hubbell® AV Rated Lawyer

Articles

Restrictive Covenant Articles, Blogs & Speeches

• "California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement," Sheppard Mullin Labor & Employment Law Blog, August 27, 2024

• "California Strengthens Non-Competition Law," Sheppard Mullin Trade Secrets Law Blog, November 6, 2023
• Strafford Webinar - "Noncompetes Under New State Law Restrictions: Wage Requirements, Notice, Time, Layoffs, Proposed Federal Legislation," June 29, 2022
• Guest Lecturer, UCLA School of Law, Master of Legal Studies Program  - "Business Law for Non-Lawyers: Restrictive Covenants in California," April 7, 2022
• New York County Lawyers Association and Beverly Hills Bar Association Webinar - "Restrictive Covenants in NY & CA – A Comparative Analysis," April 29, 2021
• Guest Lecturer, UCLA School of Law, Master of Legal Studies Program  - "Business Law for Non-Lawyers: Restrictive Covenants in California," April 15, 2021
• "California Labor Code Section 925 and How Employers Can Avoid It," Sheppard Mullin Trade Secrets Law Blog, March 29, 2021
• Los Angeles County Bar Association Webinar - "B2B Noncompetes and the Rule of Reason," October 8, 2020
• "Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason," Sheppard Mullin Trade Secrets Law Blog, August 14, 2020
• Strafford Webinar - "Noncompetes Under New State Law Restrictions: Wage Requirements, Notice, Time, Layoffs, Proposed Federal Legislation," July 14, 2020
• Bar Association of San Francisco Restrictive Covenant Program, November 2012
• "California Appellate Court Upholds Stipulated Injunction Prohibiting Solicitation of Customers and Rejects After-The-Fact Effort to Show that Customer Nonsolicit Violated California's Ban on Noncompetes," Sheppard Mullin Labor & Employment Law Blog, October 15, 2012
• Covenants Not To Compete In Limited Liability Company Operating Agreements May Be Enforceable Without Payment For Goodwill, Business Law News, September 2012
• "California Court Of Appeal Refuses To Enforce Non-Compete Against Selling Shareholder," Sheppard Mullin Labor & Employment Law Blog, September 4, 2012
• What To Do When A Selling Shareholder Becomes Your Employee: Drafting Enforceable Noncompetes Under Business and Professions Code Section 16601, California Labor & Employment Bulletin, October 2010
• Prosecuting and Defending Corporate Raiding, Customer Trade Secret and Employee Mobility Cases - "Injunctive Relief for Party whose Employee has Exited," Hyatt Regency San Francisco, San Francisco, California, December 3, 2009
• Silicon Separations, The Deal Magazine, September 18, 2009
• Does Edwards v. Arthur Anderson Bar the Use of Employee Confidentiality Agreements?, Bender's California Labor & Employment Bulletin, Vol. 2009, No. 8, August 2009
• Does Edwards v. Arthur Anderson Bar the Use of Employee Confidentiality Agreements?, Association of Corporate Counsel, June 19, 2009
• "California Court of Appeal Rejects Anti-SLAPP Motion in Trade Secrets/B&P Section 16600 Case," Sheppard Mullin Labor & Employment Law Blog, May 7, 2009
• "Ninth Circuit Limits the Scope of In-Term Covenants Not to Compete," HouseJD, February 9, 2009
• "California Supreme Court Disapproves "Narrow Restraint" Exception For Covenants Not To Compete; Holds General Waivers Should Not Be Interpreted To Waive Non-Waivable Rights," Sheppard Mullin Labor & Employment Law Blog, August 8, 2008
• Noncompete Clauses in California, The Daily Deal, June 30, 2008

General Articles

• Crafting An Effective Bring Your Own Device (BYOD) Policy, National Apartment Association’s Units Magazine, March 2018
• Apartment Industry Wage and Hour Obligations Under the Fair Labor Standards Act and California Labor Code and Wage Orders, published by the National Multi-Housing Council, Spring 2005
• Sailing Through the Employee Housing Bermuda Triangle, presented at National Multi-Housing Council Human Resources Forum, April 2004

Corporate and Securities Law Blog Posts

• "Ninth Circuit Holds That Statutes Do Not Constitute “Rules or Regulations of the SEC” for Purposes of Sarbanes-Oxley Act Whistleblower Claims," March 4, 2019 

Labor & Employment Law Blog Posts

• "UPDATE: San Francisco Retail Workers’ Bill of Rights," December 15, 2014
• "San Francisco Retail Workers’ Bill of Rights," December 2, 2014
• "California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State," July 31, 2014
• "Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms," May 9, 2013
• "New California Commission Contract Rules - It is Not Too Early To Get Ready!" March 20, 2012

Media Mentions

Speaking Engagements

• 2024 Global Leaders Employment Forum – “Restrictive Covenants,” London, England, May 15, 2024
• 2022 National Apartment Association Legal Symposium - "Professional-From the Waist Up," San Diego, California, June 23, 2022
• 2022 Global Leaders Employment Forum - "Transforming Your Workforce In a Rapidly Changing Environment," London, England, May 18, 2022
• National Multifamily Housing Council Webinar - "Risks and Return: A Conversation About Workplace and Property Readiness -- Part 1: Considering the Risks of Reactivation: Community Amenity and Leasing Office Challenges," May 6, 2020
• 2014 NMHC OpTech Conference & Exposition - “The Interactive Process: Spotlight on Multi Family,” Hilton Orlando Bonnet Creek, Orlando, Florida, November 19, 2014
• 2012 National Multi Housing Council Human Resources Forum - “Wage-Hour Employee Classification: Strategies to Protect Your Firm,” Renaissance Chicago Hotel, Chicago, Illinois, March 28, 2012

Events

Memberships

2016-2018 Member, Board of Directors, Bar Association of San Francisco

Member, Impala Racing Team, all-women elite development racing team based in San Francisco

Member, American Bar Association

2014-2016 Chair, Executive Committee of the Labor and Employment Section of the Bar Association of San Francisco

2008 Chair, Executive Committee of the Litigation Section of the Bar Association of San Francisco

Provides pro bono advice to nonprofit organizations in the Bay Area, including Yerba Buena Center for the Arts and Sempervirens