Kerri Ann is Co-Head of Litigation for the US, based in Herbert Smith Freehills Kramer's New York office. With nearly three decades of experience as a trial lawyer, she has a diverse practice representing clients in complex commercial litigation in both state and federal courts, as well as in domestic and international arbitration forums. She also represents companies and individuals in connection with sensitive and high-profile criminal and regulatory matters and related civil matters. 

It would be great to hear about your background - you have a broad disputes practice, spanning a number of sectors and disciplines. How did that come about? 

Many of us at legacy Kramer Levin refer to ourselves as "general litigators". We approach litigation, or dispute resolution, as solving any large, complex problem that our clients face. As a result, we have subject matter expertise in a variety of subjects and litigate wherever needed, whether in a courtroom or arbitration hearing room anywhere in the US. While I have vast experience in the financial services, energy, telecommunications and consumer products industries, my goal has always been to solve hard problems for clients, no matter what kind and where they surface.    

I really enjoy having such a broad practice. I am challenged every day. I keep learning every day.  And that makes being a lawyer interesting and exciting. No dispute is ever the same. 

What excites you the most about the newly combined firm? 

It is very exciting to have a deeper global bench that prioritises first-rate work product in a culture that encourages and fosters collaboration. I am particularly happy to be part of the international arbitration practice, because while many of us at legacy Kramer Levin have had some international arbitration experience, we have greater domestic experience. The combination means that we can draw from a deep bench to service our clients, wherever their problems are and whatever the forum. 

Being able to access the global network is a real asset to my clients. We hope the addition of the Kramer Levin team will be a selling piece for the clients of our new global partners – providing a deep bench in the US to handle arbitration and other work.

The combination means that we can draw from a deep bench to service our clients, wherever their problems are and whatever the forum."

In your experience, what factors attract US parties to choose to arbitrate their disputes?  

There are several factors that attract US parties to choose to arbitrate their disputes. One significant advantage is the confidential nature of the proceeding. Arbitrations take place privately and are not subject to the presumption of public access that exists in court proceedings.  Arbitrations are also typically faster and don’t involve the scope and volume of discovery that clients face in litigation. As a result, arbitrations are often more cost efficient. And arbitrations are often easier to enforce. For example, if you're comparing international arbitration with either foreign court proceedings or US court proceedings which need to be enforced abroad, then enforcement may be a key advantage of arbitration.  Finally, clients often like the flexible nature of arbitrations. Clients have greater input concerning how to resolve disputes as well as when and where to do so.  Litigation is typically less accommodating, with stricter schedules dictated by the courts and little room for the parties to dictate the process.   

When choosing to arbitrate, clients need to think strategically about the number of arbitrators who will hear the dispute as well as the preferred arbitral institution (such as JAMS or the AAA) and which rules of that institution should govern the arbitration. These factors can help shape the arbitration in ways that are either beneficial or detrimental to clients. In addition to arbitrating disputes for our clients, we also add value when a client is drafting an arbitration clause in an agreement, because we can advise on how best to draft such provisions to serve a client’s needs.   

What has been your career highlight so far? 

I would say there are two! The first was representing Bear Stearns (which was acquired by JP Morgan Chase & Co) in connection with multiple litigations arising out of the collapse of two hedge funds during the financial crisis in 2007-2008. Those litigations spanned decades and were commenced in multiple jurisdictions, domestically and abroad. The collapse and resulting litigations were front page news for a very long time, and it was exciting to be part of that piece of history.   

The second was when one of my former partners left to become General Counsel of a very prominent organization and asked me to become that company's primary lawyer. It was such a compliment to be trusted by someone with whom I had worked on a daily basis and a pleasure to continue to work side-by-side with her as a client.   

What do you like to do in your spare time? 

I have three amazing daughters who play soccer (or should I say football!) and lacrosse. As a result, I tend to spend every spare minute on sports fields around the US watching them play.  By now, I feel like I have been to every large sporting complex up and down the East Coast, and many on the West Coast, with my girls!  


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Kerri Ann Law photo

Kerri Ann Law

Partner, Head of Litigation, US, New York

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