Delfino Madden | Ken Nabity

Kenneth P. Nabity

Partner

Delfino Madden   Delfino Madden  Delfino Madden

Assistant:
Celeste Ruan
cruan@delfinomadden.com
916.661.5702

Practice Areas

Employment LawLitigation

Ken Nabity serves every client – individual or corporate, big or small – as a tireless advocate and problem-solver.

With a history of high-stakes trial victories, quiet resolutions, and day-to-day operational counseling, Ken recognizes that no two clients are the same, and tailors each engagement to best accomplish the client’s strategic objectives.  Ken’s litigation experience covers many areas of the law, including employment law, privacy matters, First Amendment and civil rights, and complex business disputes.

In the employment context, clients rely on Ken’s experience representing employees and employers alike to navigate every stage of the employment relationship and find practical solutions to California’s complex employment law landscape. Ken regularly defends public and private employers in state and federal court and private arbitration against discrimination, harassment, wrongful termination, wage and hour, and whistleblower retaliation claims. Ken also represents executives and employers in complex business and partnership disputes, including non-competition, non-solicitation, and confidentiality disputes.

Many of Ken’s matters have been extensively covered in the press, including successful, high-profile trials on behalf of and defending against whistleblowers, a major settlement on behalf of a couple falsely accused by law enforcement of faking their kidnapping, and others.  But with the ability to navigate in the public arena, Ken also recognizes that certain matters are best handled quietly, and regularly advises clients to avoid unnecessary, stressful, and costly disputes.

Prior to joining Delfino Madden LLP, Ken practiced for over ten years in San Francisco Bay Area, including as a partner at the esteemed firm Coblentz Patch Duffy & Bass LLP.

  • Represented a city in defense of a high-profile whistleblower retaliation claims brought by its terminated Chief of Police. Following a jury trial that resulted in a defense victory on the former Chief’s First Amendment claim, and the former Chief receiving only the amount of her contractual severance, the city settled on favorable terms.
  • Obtained a complete defense victory on motion for summary judgment on behalf of a city in a high-profile matter brought by a police officer and alleged whistleblower.
  • Secured a complete bench trial victory on behalf of the minority owner of a major concert production company, whereby the client retained its interest, paid no damages, and received attorney’s fees. Affirmed on appeal.
  • Secured a $2.5 million settlement on behalf of couple accused by a police department of having faked their own assault and kidnapping.
  • First-chaired successful union grievance arbitration on behalf of luxury hotel chain.
  • Member of the four-person trial team that won a $14.8 million judgment (including $5 million awarded for punitive damages) on behalf of the former General Counsel of a Fortune 1000 Company following a three-week federal jury trial.
  • Secured favorable settlement for luxury hotel chain following five years of litigation in wage and hour class action.
  • Secured favorable settlement in a three-year-long co-founder dispute.
  • Secured favorable settlement on behalf of major clothing distributor in a single-plaintiff harassment and discrimination lawsuit on the eve of trial.
  • Secured complete dismissal of all claims at pleading stage in whistleblower matter brought against video streaming company pursuant to the Taxpayer First Act.
  • First-chaired trial and secured full victory for client in contract case against MGA Entertainment.
  • Achieved a favorable eve-of-trial settlement in major employee poaching and unfair competition case.
  • Secured granting of an anti-SLAPP motion and motion to dismiss for global media corporation.

Professional Affiliations

  • Association of Business Trial Lawyers
    • Board of Governors, 2022-2023
    • Leadership Development Committee, 2015-2022
  • Ruth Asawa San Francisco School of the Arts, Volunteer Mock Trial Coach, 2012-2017

Honors and Rankings

  • Super Lawyers Rising Star, 2015-2022

Education

  • University of California, Hastings College of the Law
    • J.D., cum laude, May 2012
    • Philip C. Jessup International Law Moot Court Competition Team, 2010-2012
    • Hastings Constitutional Law Quarterly, Staff Editor, 2010-2011
    • Dean’s Scholarship Recipient
  • San Francisco State University
    • B.A., cum laude, Criminal Justice, May 2006
    • Intercollegiate Policy Debate Team, 2003-2006; Captain, 2005-2006

Bar Admissions

  • California, 2012

Court Admissions

  • United States Court of Appeals for the Ninth Circuit
  • United States District Court, Northern District of California
  • United States District Court, Central District of California
  • United States District Court, Eastern District of California
  • United States District Court, Eastern District of Texas