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Zachary A. Kerner



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

  • Former Governor Andrew Cuomo in a separation-of-powers challenge to the Commission on Ethics and Lobbying in Government related to the proceeds of a $5 million book deal. Secured rulings at both the New York Supreme Court and the Appellate Division, Third Department declaring the Commission unconstitutional.
  • 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


  • 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


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


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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