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Zachary A. Kerner

Counsel

Overview

Zachary Kerner’s practice focuses on complex commercial litigation, including multidistrict antitrust and securities actions. He also brings experience with Lanham Act and other intellectual property issues.

As a litigation associate at Cahill Gordon & Reindel, where he practiced under Floyd Abrams, Zach successfully represented a hedge fund involved in a defamation action brought by the owner of the Washington Redskins. A member of the New York Bar Association’s Committee on Civil Rights, he also has contributed substantially to amicus briefs in two civil rights-related appeals before the U.S. Supreme Court.

Zach has been recognized as a Rising Star in editions 2015-2017 of New York Metro Super Lawyers. Prior to joining Holwell Shuster & Goldberg, Zach clerked for Judge Andrew L. Carter on the U.S. District Court for the Southern District of New York. During his clerkship, the Judge heard a high-profile trademark dispute between Louis Vuitton and Warner Bros. over the appearance of knock-off handbags in The Hangover Part II.

Zach studied in Barcelona as an undergraduate at the University of Pennsylvania and speaks proficient Spanish.

Notable Cases

Notable Cases

  • Visa Inc. and its subsidiaries in various matters, including its defense against dozens of antitrust actions brought by hundreds of merchants who have opted out of a multibillion-dollar class settlement.
  • Melody Business Finance, a hedge fund, in litigation against former hedge fund billionaire Philip Falcone, securing an award of $69.8 million—approximately 99% of the amount sought following a trial on damages.
  • A former senior employee of New York asset manager firm in civil action brought by investors alleging fraud and breach of fiduciary duty.
  • Microban Products Company in securing summary judgment in connection with trademark enforcement action brought in the Southern District of New York.
  • Drafted U.S. Supreme Court amicus brief on behalf of Civil Rights Committee for the New York City Bar Association in Clapper v. Amnesty International.

News and Writings

Writings

  • Jung v. Skadden, Arps, Slate, Meagher & Flom,” The New York Law School Law Review (53 N.Y.L. Sch. L. Rev. 179 (Case comment, 2008))
  • “The Constitutionality of Teacher Assignment Plans Post-PICS,” The New York Law School Justice Action Center
Photo of Zachary A. Kerner

Clerkships

  • Hon. Andrew L. Carter, Jr., U.S. District Court for the Southern District of New York, 2011 – 2012

Education

New York Law School (J.D., summa cum laude, 2009)

University of Pennsylvania (B.A., 2006)

Bar and Court Admissions

  • New York
  • New Jersey
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
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