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.

Noteworthy

• Recognized as a 2024 Rising Star by New York Metro Super Lawyers
• Recognized as a Rising Star in New York Metro Super Lawyers for the last four years

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.

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