Todd R. Kerr

Partner

Phoenix

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602.351.8055 direct

TKerr@perkinscoie.com

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Todd is currently taking a leave of absence from the active practice of law to pursue a missionary assignment. He is returning to the firm August 1, 2027.

Todd has represented globally known brands in litigation across the United States.

For more than 30 years, Todd Kerr has represented clients in a variety of complex litigation matters. These include securities, corporate control and governance, professional liability, antitrust, mergers and acquisitions, blockchain and digital assets, class actions, unfair competition, and other business torts. He is experienced in state and federal court, appeals, arbitrations, and state and federal investigations.

Todd’s clients include public and private companies, startup entities, partnerships and joint ventures, technology development companies, accounting firms, financial advisory firms, law firms, and other professional entities. He also serves as counsel for several large family offices and related companies in Arizona.

Todd currently serves as managing partner of the firm’s Phoenix office.

Areas of focus

Industries

Blockchain & Digital Assets

Services

Securities Litigation

Corporate Governance

Mergers & Acquisitions

Class-Action Defense

Trade Secrets

Education & Credentials

Education

Brigham Young University, J. Reuben Clark Law School, J.D., magna cum laude, Order of the Coif, Managing Editor, Brigham Young University Law Review, 1990
Brigham Young University, B.A., magna cum laude, 1987

Bar and Court Admissions

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Western District of Washington

Clerkships

Hon. Robert Corcoran, Supreme Court of Arizona

Professional Recognition

Peer Review Rated AV in Martindale-Hubbell (AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

Impact

Professional Leadership

Arizona State Bar
Maricopa County Bar Association
J. Reuben Clark Law Society
Kellogg School of Management, Northwestern University, Advanced Leadership Program, 2022
Kellogg School of Management, Northwestern University, Strategic Leadership Program, 2013

Professional Experience

Securities & Corporate Governance Litigation

In re Structured Alpha Litigation

U.S. District Court for the Southern District of New York
Represented and defended the interests of a major financial advisory firm in connection with more than 20 separate lawsuits filed against Allianz Global Investors U.S. LLC, seeking more than $6 Billion in damages from losses incurred by numerous Structured Alpha funds.

AMERCO Securities Litigation

U.S. District Court for the District of Arizona
Defense of PricewaterhouseCoopers LLP in a class action for alleged violations of federal securities laws.

Hill v. Krtil, et al.

Superior Court of California, Sacramento County
Defense of Nor-Cal Products, Inc. and two of its former shareholders in an action for alleged breaches of fiduciary duty, fraud and elder abuse made by another former shareholder.

InduSoft, Inc. et al v. Marcos V. Taccolini, et al.

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Western District of Texas
Lead counsel for software company in lawsuit against former officer and director for breaches of buy-out agreements and unfair competition, including misappropriation of trade secrets.

Shareholder Derivative Actions

Superior Court of Arizona, Maricopa County
Counsel for publicly traded company in derivative action alleging misrepresentations in financial statements relating to alleged improper backdating of stock options. Judgment of dismissal.

TeleTech Holdings Inc. v. Insight Enterprises Inc.

American Arbitration Association - Phoenix Regional Office
Defense of Insight Enterprises against a claim by TeleTech that it was entitled to a $5 million clawback payment under the terms of a stock purchase agreement. Following a three-week arbitration proceeding, the Arbitrator ruled in favor of Insight and awarded Insight its attorneys’ fees and costs.

Rehab Specialists I, LLC v. 24-7 Care and Rehab, Inc.

U.S. District Court for the District of Arizona
Lead defense counsel for skilled nursing corporation and ownership group in action alleging fraudulent transfers and conspiracy in connection with a merger. Judgment granted dismissing all claims against clients.

Swift Transportation Company Inc. v. Ernst & Young, LLP

Superior Court of Arizona, Maricopa County
Represented several officers and directors in lawsuit for fraud and negligent misrepresentation in connection with Swift's merger with M.S. Carriers Inc.

Telesphere Networks Ltd. v. Navarro

Superior Court of Arizona, Maricopa County
Lead counsel for telecommunications firm in action against former executive for breach of contract, duty of loyalty and misappropriation of trade secrets and proprietary information. Stipulated judgment against defendant executive.

Taylor R. Coleman v. Vern Schweigert, et al.

Superior Court of Arizona, Maricopa County
Counsel for former officer and director in action against company's board of directors and officers seeking monetary damages for breach of fiduciary duty, dilution of stock and other ownership interests, and conspiracy to engage in a hostile takeover.

Cal. X-tra, et al. v. Phoenix Holdings, et al.

Superior Court of Arizona, Maricopa County
Defense counsel for real estate development entity in a fraud and breach of fiduciary duty suit involving 13,000 acres of real estate in West Phoenix.

San Diego Gas & Electric Company v. Imperial Irrigation District and Arizona Public Service

Arbitration - San Diego, California
Counsel for plaintiff in arbitration proceedings concerning the ownership and operation of the Southwest Power Link from Palo Verde Nuclear Power Plant to San Diego, California.

Southwest Outpatient Radiology, P.C. v. Insight Health Corporation

Superior Court of Arizona, Maricopa County
Local counsel for national provider of diagnostic imaging services in a lawsuit for breach of contract and related claims.

Hawaiian Airlines Inc. v. SabreTech Inc.

Supreme Court of Arizona
Superior Court of Arizona, Maricopa County
Represented Hawaiian Airlines in action for faulty aircraft repair and maintenance.

Creative Malnove Int'l, LLC, et al. v. Allen & Cowley Urban Trading Company, L.L.C.

Superior Court of Arizona, Maricopa County
Defense counsel for local food manufacturer in action by supplier for breach of contract.

Professional Liability Litigation

AMERCO Inc., et al. v. PricewaterhouseCoopers, LLP, et al.

Superior Court of Arizona, Maricopa County
Represented PricewaterhouseCoopers in defense of professional malpractice and other claims seeking more than $2.5 billion in damages.

Arizona Laborers, Teamsters and Cement Masons Local #395 Pension Trust Fund v. Coopers & Lybrand LLP

Court of Appeals of Arizona
U.S. Supreme Court of Arizona
Represented Coopers & Lybrand LLP in a fraud and racketeering suit concerning The Mercado project in downtown Phoenix. Obtained affirmance of summary judgment on corporate fraud and conspiracy claims on statute of limitations grounds.

Sell v. Sewell, et al.

U.S. Supreme Court of Arizona
Superior Court of Arizona, Maricopa County
Represented regional accounting firm and two of its partners in action alleging Arizona Securities Act, breach of fiduciary duty and negligent misrepresentation claims. All claims dismissed except for negligent misrepresentation claims based on the investments of eleven of the more than one hundred and fifty investors. The remaining negligent misrepresentation claims were settled after obtaining landmark ruling by the Arizona Supreme Court rejecting aiding and abetting claims under the Arizona Securities Act.

In the Matter of Coopers & Lybrand LLP, et al. (and also in Symington Litigation)

State Board of Accountancy of Arizona
Represented Coopers & Lybrand LLP in connection with the Arizona Accountancy Board's investigation of various professional engagements for former Arizona Governor J. Fife Symington III and related entities. Also was counsel for Coopers & Lybrand, which was subpoenaed to produce documents and testify at Symington's criminal trial and bankruptcy proceedings.

In re Fulton Homes Corporation

U.S. Bankruptcy Court
U.S. District Court for the District of Arizona
Represented third-party Deloitte & Touche LLP and several audit and tax partners and managers in connection with Chapter 11 discovery and confirmation trial proceedings.

Thompson, et al. v. Paul, et al.

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Arizona
Counsel for regional law firm in action in federal district court, District of Arizona, alleging securities fraud, malicious prosecution, and other claims. Motion to dismiss granted. Settled on favorable grounds upon remand after appeal to Ninth Circuit.

Case Filed Against Am Law 100 Law Firm

U.S. District Court for the District of Arizona
Defense counsel for a national law firm in a suit by the Trustee for the bankruptcy estate of a national restaurant chain seeking more than $2 billion in damages.

Unitech Industries Inc. v. Coopers & Lybrand, L.L.P.

Superior Court of Arizona, Maricopa County
Represented Coopers & Lybrand in action alleging breach of contract, breach of fiduciary duty, common law fraud, negligent misrepresentation, professional negligence, consumer fraud and Arizona racketeering. Fraud claims against Coopers & Lybrand were dismissed. Case was settled after evidence in support of a claim for $37 million in damages was excluded.

Robert G. Hoag v. Daniel G. Bach, et al.

Superior Court of Arizona, Maricopa County
Represented PricewaterhouseCoopers LLP in negligent misrepresentation action. All claims against PricewaterhouseCoopers dismissed with prejudice.

Western Savings & Loan Association Litigation

U.S. District Court for the District of Arizona
Represented Deloitte & Touche LLP in class action and other related securities cases.

Schmidt v. Blanchard

U.S. District Court for the District of Arizona
Represented Deloitte & Touche in derivative action alleging breach of fiduciary duties and other misconduct by officers, directors and outside auditors of eFunds Corporation.

Maniatis v. Janos

U.S. District Court for the District of Arizona
Represented Deloitte & Touche LLP in a malpractice and securities action. Summary judgment granted dismissing claims against Deloitte & Touche LLP.

State of Arizona v. Farm & Home Life Ins. Company

U.S. District Court for the District of Arizona
Three securities cases. Settled after orders were entered dismissing Deloitte & Touche LLP from two of the cases and dismissing all but three claims in the third action.

In the Matter of Touche Ross & Company

State Board of Accountancy of Arizona
Represented Touche Ross in investigation of audit engagements by Arizona Accountancy Board. Concluded with no revocation or suspension of professional licenses.

Case Filed Against National Law Firm

Superior Court of Arizona, Maricopa County
Defended national law firm against malpractice and related claims asserted by City of Mesa. Motion to dismiss granted.

Case Filed Against Southwest Law Firm

U.S. District Court for the District of Arizona
Defended law firm in action against company and outside counsel for malicious prosecution, libel and slander. Motion to dismiss granted.

Case Filed Against Southwest Law Firm

U.S. District Court for the District of Arizona
Represented regional law firm in malpractice action in the Federal District Court, District of Arizona. Summary judgment granted with award of attorneys’ fees.

Tonnemacher v. Sasak

U.S. District Court for the District of Arizona
Defense of Deloitte & Touche LLP in securities action.

Johnson v. Sasak

U.S. District Court for the District of Arizona
Superior Court of Arizona, Maricopa County
Defended Deloitte & Touche LLP in federal and state class actions in Arizona. Summary judgment granted dismissing Deloitte & Touche LLP.

Sell v. Deloitte & Touche LLP

Superior Court of Arizona, Maricopa County
Represented Deloitte & Touche LLP in malpractice action. Dismissed with prejudice.

Robert & Jennifer Deer v. Richard Brooks

Superior Court of Arizona, Maricopa County
Counsel for regional accounting firm in malpractice action. Motion for summary judgment granted dismissing all claims with prejudice.

Terry Kent Brewer, et al. v. LaRue Crockett, et al.

Superior Court of Arizona, Gila County
Superior Court of Arizona, Navajo County
Defense counsel for LDS Family Services and individual professional counselor in multiple lawsuits seeking damages for negligent adoption and counseling services. All lawsuits dismissed with prejudice, and fees awarded.

Antitrust & Unfair Competition Litigation

Arizona Project SLIM Investigation

Attorney General's Office of Arizona
Represented Coopers & Lybrand in connection with investigation of bid-rigging and other allegations relating to state contracts for Project SLIM.

In re Application of Southern Wine & Spirits of Arizona

State Board of Liquor Licenses and Control of Arizona
Lead counsel for national wholesaler at hearings before the Arizona Liquor Board involving claims for group boycott and other unfair competition. All issues (including license grant) resolved in favor of national wholesaler.

Kabuto Arizona Properties LLC v. Biltmore Hotel Partners

Court of Appeals of Arizona
Superior Court of Arizona, Maricopa County
Represented owners of Arizona Biltmore Hotel in action by owner of adjacent golf courses for alleged Lanham Act violations, declaratory judgment, breach of contract, trespass and negligence. Motion to dismiss granted by trial court and affirmed on appeal.

Global Gumball Litigation

U.S. District Court for the District of Arizona
Lead counsel for vending machine manufacturer in a series of patent and trademark enforcement lawsuits and other intellectual property-related matters. Settled.