Scherer Smith & Kenny LLP serves mid-sized and fast-growing entrepreneurial companies. From complex litigation to business, real estate, intellectual property and employment law, our team brings strategic thinking, pragmatism and intense dedication to our clients’ success.
Partner Notes
I am thrilled to be writing my first ever Partner Notes for Scherer Smith & Kenny LLP! I’ve known my partners for the greater part of my life, having been with SSK for nearly 18 years as an associate attorney, and prior to that as a file clerk. Needless to say, joining the partnership feels like home.
I have worked with many of you over the past decades, but to those clients I have not worked with, I thought now would be a good opportunity to personally introduce myself beyond just my firm bio. Originally from San Diego, I moved to the Bay Area to attend Cal Berkeley (Go Bears!) and stuck around to attend University of San Francisco School of Law, where I met my husband. We lived in the City as long as we could, but like most Bay Area folks, we did the relocation shuffle around the various Bay Area counties after we had our children (now 11 and 13!), opting for suburbs over city. We went from San Francisco to Oakland to El Cerrito/Albany, to eventually landing in Novato in Marin County, where we resided for nearly 10 years.
That’s when Covid hit. As with most, the Covid shutdown threw my family for a loop and we craved a change. We sold our house and decided to relocate to my hometown of San Diego. I never thought I would ever return here after 24 years in the Bay Area, but it has been one of the best decisions we’ve ever made. We miss the Bay Area but I am so grateful and thankful to be here surrounded by family and old friends. I have my law partners and our clients to thank for their continued support in this endeavor; it’s a reality I never thought would come true and everyone has made the transition seamless. And in case anyone was worried they’d never see me again, rest assured I travel back to the Bay Area to visit the office and my colleagues every 6 weeks or so and I very much look forward to it. I get to have my feet in two of my most beloved places and I am so very lucky to be in this position.
The move likewise inspired a much needed reboot on my perspective on my personal wellbeing. I am now a budding exercise enthusiast (it’s about time!) having recently picked up running and the Peloton. I am hooked. I look to my husband for inspiration as he is training for a second half Iron Man in late July and a full Iron Man in Cozumel in November. Something about the persistent San Diego sunshine makes the body want to move I guess.
Along those lines, summer has officially arrived (even in the Bay Area)! While not my favorite season (I’m a fall/winter gal), summer does have an infectious quality about it. Working remotely from home can be challenging when the sun, wind, and palm trees seem to be calling your name. I am sure anyone working remotely will agree. I try to take every opportunity to go for a run or walk outside, hit up the beach after work, or sneak in a sun-soaked lunch on the deck with my kids. It is all going by very fast, and I try to savor every moment.
I welcome my new role here; I have a long history with my colleagues and we have a solid foundation of trust and respect, which I hope shines through in our work with all of you. If I have not worked with you before, I hope one day we do come into contact, and for those of you I have worked with, I look forward to the years ahead. Cheers to the summer and to all the adventures it may bring you, your colleagues, and your families!
Written By Heather G. Sapp
Nondisparagement and Confidentiality Provisions in Employee Severance Agreements
Both locally and nationally, a growing trend continues that disfavors confidentiality, nondisclosure, and nondisparagement provisions in settlement agreements and releases – even if such terms are part of a bargained-for-exchange between the parties. On February 21, 2023, the National Labor Relations Board issued a decision in McLaren Macomb in which it found certain nondisparagement and nondisclosure provisions in a severance agreement violated Section 7 of the National Labor Relations Act. In doing so, the Board overruled two of its own decisions from 2020, which it in turn characterized as “revers[ing] . . . long-settled precedent and replac[ing] it with a test that fails to recognize that unlawful provisions in a severance agreement proffered to employees have a reasonable tendency to interfere with, restrain, or coerce the exercise of employee rights . . . .”
Recent Updates in California Corporate Law
The world of California corporate law does not change very often but recently three new laws were signed by Governor Newsom which stand to impact a number of our clients:
1. Senate Bill 218 (Section 119)-Corporate Ratification
2. Senate Bill 49-One Step Conversion
3. Fincen Issues Final Regulations for the Corporate Transparency Act
