Charles L. Kerr

Partner

New York, (212) 468-8043

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Education

Brown University (B.A., 1978)
;
New York University School of Law (J.D., 1982)

Practices

Commercial Litigation

Product Liability

Insurance Litigation

Bar Admissions

New York

Clerkships

Hon. James Hunter, U.S. Court of Appeals, Third Circuit (1982-1983)

Charles Kerr's practice focuses on representing companies and financial institutions in complex commercial litigation and regulatory enforcement proceedings. Mr. Kerr has particular expertise in the direct broadcast services industry and in disputes involving complex real estate, insurance and product liability issues. He has substantial experience litigating insurance disputes in both federal and state courts and in international arbitration proceedings in Europe and the United States. Mr. Kerr has also tried product liability cases for major manufacturers and advised clients in the United States and overseas on product liability and related issues. He regularly appears in federal and state courts throughout the United States, at both the trial and the appellate levels.

Mr. Kerr has been the lead trial lawyer in several multimillion-dollar disputes involving programming and distribution rights in the direct broadcast services industry and, during 2012, was co-lead counsel in a five week jury trial involving a multi-billion dollar breach of contract dispute. Mr. Kerr also recently represented an international pension fund in litigation over ownership of pension fund assets. He has also represented and acted as the lead trial counsel for a large commercial bank in a multi-jurisdictional fraud case involving money laundering, and has represented domestic and foreign financial institutions in regulatory investigations and related enforcement actions.

Mr. Kerr served as head of the firm's New York Litigation Practice Group from 2000 to 2007, as Managing Partner of the firm’s New York Office from 2007 to 2012 and as co-chair of the firm's Product Liability Group from 2004 to 2010. He is a member of the New York State and American Bar Associations, the New York County Bar Association, and the Association of the Bar of the City of New York. He served as a member of the Association of the Bar of the City of New York's Standing Committee on Legal Assistance from 1987 to 1990 and as a member of the Association of the Bar of the City of New York's Committee on the Recruitment of Lawyers from 1990 to 1992. Mr. Kerr has participated in seminars sponsored by various bar associations and trade groups and regularly speaks and writes on a range of legal issues.

Mr. Kerr received his B.A. with honors in 1978 from Brown University, and his J.D. in 1982 from New York University School of Law, where he was a Note and Comment Editor for the New York University Law Review and was elected to Order of the Coif. Following graduation, he served as a law clerk to the Honorable James Hunter of the United States Court of Appeals for the Third Circuit.

Mr. Kerr has been recognized as a "New York Super Lawyer" in the area of Business Litigation. He is also recognized by Legal 500 US 2011 in the area of Product Liability: aviation litigation and consumer products.

VOOM HD Holdings LLC v. EchoStar Satellite LLC

(N.Y. Sup.). Co-Lead counsel for EchoStar in a billion-dollar breach of contract action arising out of an affiliation agreement for the distribution of high definition television programming. Successfully defended the client against a motion for a preliminary injunction. The Case was resolved after a five week jury trial in the fall of 2012.

NFL Enterprises LLC v. EchoStar Satellite LLC

(Supreme Court of the State of New York, County of New York). Lead counsel for EchoStar in a major carriage dispute in connection with the distribution of the NFL Network on EchoStar's DISH Direct Broadcast Service. Successfully defended the client against a motion for preliminary injunction and a motion for partial summary judgment. After engaging in an extensive discovery process over an expedited time frame, the action was settled on a confidential basis.

West Caribbean Airways Flight 708

We represent Honeywell International, Inc. in a lawsuit arising from an accident that occurred on August 16, 2005, when West Caribbean Airways Flight 708 crashed near Machiques, Venezuela, killing 160 people. The aircraft was a Boeing-manufactured MD-82 allegedly equipped with Pratt & Whitney JT8D-217A engines. Representatives of the crewmembers have sued Honeywell and several of the defendants for negligence and strict liability based on component parts that were allegedly part of the JT8D-217A engines on Flight 708. (Ongoing)

Fox News v. EchoStar Communications Corp.

(Southern District of NY). Represented EchoStar in a breach of contract case regarding an affiliate agreement. News Corp.'s Fox News sued EchoStar Communications Corp. for about $50 million, saying the satellite television operator breached a 1998 contract that required it to offer the news channel as part of its most widely distributed package. The case was settled successfully after the completion of discovery.

EchoStar Satellite Corporation, et al. v. Ace Bermuda Insurance Ltd.

(Private Arbitration in London). Represented EchoStar in a coverage arbitration brought in London under a satellite launch insurance policy arising out of the failed deployment of EchoStar IV. Successfully stayed the case pending a ruling in a related arbitration in New York. After receiving a favorable interim ruling in the related case, was able to successfully mediate an overall resolution. (2004)

EchoStar Satellite Corporation, et al. v. La Reunion Spatiale, et al.

(AAA). Represented EchoStar in a coverage arbitration brought in London under a satellite launch insurance policy arising out of the failed deployment of EchoStar IV. Obtained a very beneficial interim award on coverage and financial recovery.

Gol Airlines Flight 1907 Litigation

Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600, operated by ExcelAire Services, over the Amazon jungle, Brazil, on September 29, 2006. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. In late July 2008, the motion to dismiss the cases to Brazil for forum non conveniens was granted. The Brazilian carrier is settling the cases with claimants in Brazil. On appeal, the District Court's dismissal of the consolidated actions was affirmed by the Second Circuit. A four week international arbitration conducted in London under the law of England and Wales before a three member tribunal then followed to apportion liability for the accident among certain defendants. The arbitration resulted in a finding Honeywell was without fault for the accident and an award of costs against certain defendants in favor of Honeywell.