People

Overview

Mr. Kerr has represented both plaintiffs and defendants in hundreds of state and federal class actions, involving damage claims from $10 million to $10 billion.

Mr. Kerr's work on behalf of both plaintiffs and defendants has resulted in numerous favorable outcomes. From prosecuting a securities fraud action against Vivendi for plaintiffs where in January 2010 the jury returned a verdict that at the time had an estimated value of $9 billion, to defending a corporation in a "bet-the-company" litigation that was dismissed in its entirety on summary judgment only months before trial, Mr. Kerr's versatility provides a benefit in all litigation phases.

Since joining Baker Botts, Mr. Kerr has maintained an active defense practice, focusing on securities law, mergers and acquisitions, and corporate transactions, typically on behalf of corporations and their officers and directors. Some representative matters Mr. Kerr has worked on at Baker Botts include:

  • Defending a subprime mortgage originator in significant RMBS “put-back” actions brought by a servicer/trustee in the United States District Court for the Southern District of New York (“SDNY”).
  • Defending an international energy company in a securities fraud class action in the SDNY.
  • Defending a controlling shareholder against breach of fiduciary duty claims arising out of a going-private transaction in the Delaware Chancery Court.

Prior to joining Baker Botts, Mr. Kerr was primarily a plaintiff's litigator for approximately 18 years, with substantial experience in securities fraud cases. Virtually every one of Mr. Kerr's cases was contingent, which meant his fees were dependent on his outcomes. That experience instilled in Mr. Kerr a work ethic that is not driven by the billable hour but by his ability to help his clients.

Mr. Kerr also provides full-service representation to clients throughout the art world, from collectors to dealers, investors to artists. Mr. Kerr leverages his experience in securities and corporate law to bring sophisticated advice to clients, including strategic business advice and support, drafting and negotiating sales contracts, commission agreements, consignment agreements, auction house contracts/guarantees, and dealer/gallery contracts. Mr. Kerr also represents clients in art litigation and other dispute resolution, including issues relating to authentication and stolen art. Mr. Kerr also provides general representation to artists and their work. Mr. Kerr works on matters requiring all degrees of sensitivity, whether high-profile or discreet.

Mr. Kerr's far-reaching experience in the art space includes representing: a group of collectors in a defamation/disparagement case relating to the artist Keith Haring; a book publisher in a defamation/breach of contract case against News Corporation; a UK film producer in an antitrust case involving the alleged manipulation of the market for Warhol art; and an Australian media group in a complex commercial dispute in New York State Supreme Court against News Corp., Sony, Universal, and Paramount arising from an alleged international conspiracy to put the media group out of business.

Mr. Kerr has also been involved in a range of pro bono work, including helping artists with issues related to the creation of fine art, the representation of indigent prisoners in civil rights cases before the U.S. Court of Appeals for the Second Circuit (Wright v. Coughlin, 225 F.3d 647 (2d Cir. 2000)), and working extensively with Trial Lawyers Care to provide legal assistance to the families of victims of the September 11th attacks, including an in-person hearing before Special Master Kenneth Feinberg.

In 1993, Mr. Kerr graduated summa cum laude with a BA in Economics from the University of Albany, where he received the Gordon Karp Prize for Excellence in Economics, was founder of the Presidential Honors Society, a member of Phi Beta Kappa, and valedictorian. In 1996, Mr. Kerr graduated from Hofstra Law School, where he was a member of the Hofstra Law Review and a Dean's Scholar. Mr. Kerr, admitted to the Connecticut Bar in 1996 and the New York Bar in 1997, is a member in good standing of the United States District Courts for the Southern and Eastern Districts of New York, as well as the United States Courts of Appeals for the First, Second and Third Circuits.

Admission & Affiliations

  • New York State Bar
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Courts of Appeals for the First, Second and Third Circuits
  • Judiciary Committee, New York City Bar Association
  • Professional Advisors to the International Art Market (PAIAM)
  • J.D., Hofstra University 1996
    Hofstra Law Review
    Dean's Scholar
  • B.A., Economics, State University of New York at Albany 1993
    summa cum laude
    Valedictorian
    Member, Phi Beta Kappa
    Founder, Presidential Honors Society
    Gordon Karp Prize for Excellence in Economics

Experience

  • Prosecuted or defended hundreds of actions arising from corporate and securities laws in state and federal courts around the country
  • Prosecuted securities fraud action against Vivendi, SA on behalf of institutional investors and French minority shareholders
  • Prosecuted derivative action arising from the Bear Stearns collapse on behalf of a hedge fund
  • Prosecuted securities fraud action against Tyco International on behalf of institutional investors
  • Prosecuted securities action against Rite Aid on behalf of shareholders
  • Prosecuted art disparagement and defamation case against The Keith Haring Foundation on behalf of a group of art collectors
  • Prosecuted antitrust case against The Andy Warhol Foundation for the Visual Arts on behalf of a UK film producer
  • Prosecuted defamation/breach of contract case against News Corp. and HarperCollins on behalf of book publisher/editor
  • Prosecuted complex contract dispute against News Corp., Sony, Universal, and Paramount on behalf of Australian media group
  • Prosecuted AAA arbitration against U.S. Soccer Federation on behalf of former goalkeeper for U.S. Women's National Soccer Team
  • Advised global conglomerate on issues arising from takeover transaction
  • Advised transportation company on securities issues
  • Advised Chinese technology company on acquisition issues
  • Advised senior executive on matters arising from business dissolution
  • Advised financial advisory firm on contract matters
  • Advised art dealer on general contract matters
  • Advised collector in matter involving alleged stolen art
  • Advised artist on contract matters and copyright/licensing issues

Awards and Community

Recognized as a New York Super Lawyer-Rising Star (Thomson Reuters), 2011