Areas of Expertise:

• Labor and Employment Litigation and Counseling
• Personal Injury Litigation
• Intellectual Property Litigation
• Complex Commercial Litigation

Education:

• University of San Francisco (J.D. 1995) Cum Laude
• University of California, Berkeley (B.A. 1991) Honors
• University of York, England (Fall 1990)

Denis is a founding partner at Scherer Smith & Kenny LLP. Denis is an experienced civil litigator specializing in employment litigation and counseling for employers and employees alike. In counseling client employers, Denis emphasizes the importance of developing and implementing policies and procedures designed to ensure compliance with state and federal laws relating to 1099 independent contractor issues, wage and hour questions, wrongful termination and harassment/discrimination in the workplace. As part of his practice, he speaks to groups and provides frequent updates to clients on developments in the ever-changing employment law arena.

Denis also represents companies and individuals in a wide variety of business matters, ranging from personal injury to trade secrets disputes. He regularly represents clients in state and federal court and has appeared before administrative forums, such as the California Labor Commission and the Office of Administrative Hearings, on employment and other litigation matters.

Before Scherer Smith & Kenny LLP, Denis served three years as a deputy attorney general in the Employment Rights and Administration division of the California Attorney General’s Office. Before that, Denis worked as an associate in the San Francisco Office of the Sedgwick firm.

Professional Organizations and Recognition:

• Selected to Northern California Super Lawyers: 2014, 2019-2024
• 2024 to present: Executive Committee, Litigation Section of Bar Association of San Francisco
• 2021 to present: Board of Advisors, Down Syndrome Connection of the Bay Area
• 2005 to present: Labor and Employment, Lawyer Referral Panel, Bar Association of San Francisco

Representative Matters:

• Morphis State of California, Department of Developmental Services – Received defense verdict in disability discrimination jury trial
• HCSS, v. SEIU United Healthcare Workers West, et al. – Obtained federal court preliminary injunction in trade secrets case involving theft of client’s temporary staffing database/list
• In Re Davilla Trust: Received defense verdict and costs award in elder abuse/undue influence trial
• McClure D.R. Horton, Inc., et al. – Obtained $185,000 settlement after winning arbitration on behalf of real estate agent who claimed unpaid commissions against former employer
• Confidential: Reversed on Appeal Employment Development Department’s ruling against employer on W-2/1099 misclassification assessment
• Confidential: Represented client company in multi-state federal and state agency independent contractor/W2 employee misclassification audit and prosecution/enforcement proceedings
• Confidential: Obtained Federal court preliminary injunction in trade secrets case involving theft of client’s temporary staffing database/list
• Confidential: Obtained State court preliminary injunction prohibiting cancelation of client’s workers’ compensation policy
• Confidential: Obtained 21-months of retroactive CalPERS retirement credit for client’s provision of services 40 years earlier
• Confidential: Recovered over $260,000 in mediated settlement for terminated client employee in age discrimination / wrongful termination action
• Confidential: Mediated settlement of $765,000 for victim’s family in wrongful death motor vehicle collision
• Confidential: Mediated settlement of $750,000 for client injured in motor vehicle collision
• Confidential: Recovered $300,000 for minor client injured in pedestrian / motor vehicle collision