Experienced litigators, Stephen Henry and Mary Kay Lacey, provide clients with effective representation, focusing their Berkeley based practice in the areas of employment law, commercial litigation and appellate advocacy.

attorneys

Stephen Henry

shenry@henrylacey.com

Stephen Henry has dedicated his practice for the last 35 years to helping employees, executives and shareholders find effective solutions to their employment and related business disputes. Stephen’s trial and litigation experience includes jury and bench trials in federal and state courts, as well as numerous arbitrations, civil writs and appeals.

Admissions to Practice:

Stephen is admitted to practice in all California Courts, United States District Court for the Northern District of California, the Ninth Circuit Court of Appeal, and the United States Supreme Court.

Education:

Georgetown University Law Center, Juris Doctor
Oberlin College, Oberlin, Ohio, B.A. / Honors in Government

Recognition and State Bar Activities:

Stephen has been recognized as a Super Lawyer in the area of Employment Law since 2020, and is a Board Member of the Alameda County Bar Association Lawyer Referral Service.

Mary Kay Lacey

mklacey@henrylacey.com

Mary Kay Lacey began her career at the nationally recognized law firm of Sonnenschein Nath & Rosenthal, later Dentons US, LLP, where she was a partner for many years, leading multi-lawyer trial teams in high-stakes, “bet the company” cases.  With a broad background in commercial litigation, Mary Kay has extensive experience in case development, law and motion practice, and appellate advocacy. 

Admissions to Practice:

Mary Kay is admitted to practice in all California Courts, United States District Court for the Northern and Eastern Districts of California, and the Ninth Circuit Court of Appeal.

Education:

Georgetown University Law Center, Juris Doctor / Dean’s List
University of California, Berkeley, B.A. / Distinction in General Scholarship, High Honors in Political Science

Community Service:

Mary Kay is a former Vice Chair of the Planning Commission for the City of Berkeley and currently sits on Berkeley’s Personnel Board. Mary Kay is also an officer and Board member of a non profit, based in New York City, dedicated to promoting restorative justice in under served public schools.

Areas of Practice

Employment Law:

We have substantial experience in all aspects of employment law representing employees in whistleblower claims, wrongful termination, stock option forfeiture, retaliation, harassment, discrimination on the basis of sex, race, age, sexual orientation and disability, labor code violations, including wage theft, as well as negotiation of employment and separation agreements.  

Our practice also provides general advice and counseling to small businesses, addressing HR issues, drafting and updating employment manuals, and negotiating and preparing employment and severance agreements.

Representative Employment Litigation Cases:

  • Successfully settled multiple whistleblower cases in a variety of contexts, including:
    • a governmental employee against a public entity
    • a scientist who reported safety violations against a pharmaceutical company
    • an engineer who was retaliated against by her tech company employer after raising safety and work place violations. 
  • Secured substantial settlements in age discrimination cases, including by a financial analyst against a major financial institution. 
  • Prevailed in state court jury trials on a number of wrongful termination, breach of contract, breach of the covenant of good faith and fair dealing, fraud, and Labor Code violation cases. 
  • Successfully represented numerous clients in Federal court on race discrimination and wrongful termination cases.  

Business Litigation:

Our extensive experience in business litigation includes representing both individual and business clients in a wide range of disputes, involving breach of contract, fraud, interference with business relationships, unfair competition, expropriation of trade secrets, breach of fiduciary duty, rights of minority shareholders, and defamation.

Representative Business Litigation Cases:

  • Successfully represented a founding employee in a state court jury trial involving fraud, breach of contract and breach of the covenant of good faith and fair dealing against a Silicon Valley start up company. 
  • Represented a minority shareholder in a breach of fiduciary duty case against a real estate company, resulting in a substantial settlement.
  • Represented an investment professional, as well as a business analyst, against a private equity firm for breach of contract and fraud, resulting in separate substantial settlements.
  • Represented a national retail business in an eminent domain jury trial resulting in a multi-million dollar award. 
  • Represented a Native American tribal government in an anticipatory breach of contract dispute, defending against a damages claim in excess of $200 million, securing a complete appellate victory following trial.

Appellate Practice:

We have a well-developed appellate practice representing individuals, commercial, and governmental clients in complex litigation. We have experience in all aspects of appellate advocacy, including briefing and oral argument before California Courts of Appeal and the Ninth Circuit Court of Appeal, and briefing before the United States Supreme Court.

Representative Cases:

  • Secured Court of Appeal reversal of $30 million damage claim following breach of contract trial, and successfully opposed Writ of Certiori to the U.S. Supreme Court.
  • Secured ruling in favor of client on whistleblower claim involving issue of first impression in Ninth Circuit Court of Appeal involving interplay between Sarbanes-Oxley and Dodd Frank Acts, with continuing representation in the US Supreme Court.
  • Successfully defended employee in appeal of substantial jury trial verdict, securing Court of Appeal reversal of post-trial ruling that partially reduced the jury’s verdict. 
  • Represented seller in real estate dispute involving sale of commercial property, with ruling in favor of client on all issues raised on appeal. 
  • Lead multi-party defense team successfully upholding multi-million dollar judgment on appeal following eminent domain trial.

Published Cases:

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians (2017) 15 Cal.App.5th 391.

Lacagnina v. Comprehend Systems, Inc. (2018) 25 Cal.App.5th 955.

Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073.

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