David A. Penner

Overview

David A. Penner focuses his practice on employment law, professional liability, complex directors and officers (D&O) litigation, homeowners’ association (HOA) representation, personal injury defense, and a wide range of corporate and business litigation.

In his labor and employment practice, Mr. Penner defends employers against claims under the Fair Employment and Housing Act (FEHA), including discrimination, harassment, retaliation, and wrongful termination, as well as wage and hour disputes and representative actions under the Private Attorneys General Act (PAGA). He regularly handles class and collective actions and provides proactive counseling on human resources compliance, personnel policies, and employment agreements.

In his professional liability practice, Mr. Penner represents lawyers, accountants, homeowners’ associations (HOAs) and other professionals in matters involving alleged breach of duty and negligence. He also defends directors and officers in fiduciary duty matters in state and federal courts and represents HOA directors and board members in a broad range of corporate governance disputes.

Mr. Penner also defends clients in personal injury litigation, bringing extensive experience in the defense of automobile and trucking accident cases in both state and federal courts.

Before joining Kaufman Dolowich, Mr. Penner litigated extensively for municipal clients, concentrating on labor and employment, business disputes, and personal injury defense. His background includes all aspects of trial preparation, risk management, and defense of employment claims, contract disputes, and tort actions for public and private entities. He also previously represented plaintiffs in employment and consumer class actions, giving him valuable insight into both sides of litigation.

During law school, Mr. Penner served as a law clerk assisting with business litigation and bankruptcy matters involving creditors’ rights.