Brian Kerr > Baker Botts L.L.P. > New York, United States > Lawyer Profile
Baker Botts L.L.P. Offices
30 ROCKEFELLER PLAZA
NEW YORK, NEW YORK 10112-4498
NEW YORK
United States
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Brian Kerr
Work Department
Litigation
Position
Partner
Career
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.
Memberships
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)
Education
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
Lawyer Rankings
United States > Dispute resolution > Securities litigation: defense
Baker Botts L.L.P. is a big name in the energy sector, acting for major clients including ConocoPhillips and Apache Corporation. Additionally, it is increasingly involved in high-stakes matters in the telecoms, real estate, and professional services sectors. Houston-based managing partner Danny David oversees the firm’s securities litigation work along with global litigation co-chair Bridget Moore in Washington DC., as well as co-chairs of the securities litigation practice Jessica Pulliam in Dallas and Houston-based Amy Hefley. Pulliam is handling two 10b5 cases for AT&T concerning the use of lead-clad cables in the telecom industry. Former head of litigation David Sterling recently worked with Hefley and up-and-coming New York partner Brian Kerr to defend Chicago Bridge & Iron Company in a notable class action case.
Lawyer Rankings
Top Tier Firm Rankings
- Energy > Energy litigation: oil and gas
- Energy > Energy transactions: electric power
- Energy > Energy transactions: oil and gas
- International trade > Customs, export controls and economic sanctions
Firm Rankings
- Energy > Energy litigation: electric power
- Energy > Energy regulation: electric power
- Energy > Energy regulation: oil and gas
- Environment > Environment: litigation
- Environment > Environment: regulatory
- Intellectual property > Patents: licensing
- Intellectual property > Patents: prosecution (including re-examination and post-grant proceedings)
- Dispute resolution > Product liability, mass tort and class action - defense: toxic tort
- Finance > Capital markets: debt offerings
- Finance > Capital markets: high-yield debt offerings
- Antitrust > Cartel
- Antitrust > Civil litigation/class actions: defense
- Dispute resolution > International arbitration
- Tax > International tax
- Dispute resolution > M&A litigation: defense
- Antitrust > Merger control
- Intellectual property > Patents: litigation (full coverage)
- Intellectual property > Patents: litigation (International Trade Commission)
- Finance > Project finance
- Energy > Renewable/alternative power
- Dispute resolution > Securities litigation: defense
- Media, technology and telecoms > Technology transactions
- Intellectual property > Trademarks: non-contentious (including prosecution, portfolio management and licensing)
- Tax > US taxes: contentious
- Finance > Capital markets: equity offerings
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Labor and employment > ERISA litigation
- Dispute resolution > General commercial disputes
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Tax > US taxes: non-contentious
- Real estate > Construction (including construction litigation)
- Dispute resolution > Leading trial lawyers
- Real estate > Real estate
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Media, technology and telecoms > Telecoms and broadcast: transactions
- Media, technology and telecoms > Cyber law (including data privacy and data protection)