Kerrin T. Klein

• Second-chaired three-day bench trial that secured over $6 million in damages for breach of the anti-dilution provisions of warrants held by clients Empery Asset Master, Ltd., Empery Tax Efficient, LP, and Empery Tax Efficient II, LP, as well as the reformation of those warrants. See Empery Asset Master, Ltd v. AIT Therapeutics, Inc., No. 651306/2018, 2021 WL 4789145 (N.Y. Sup. Oct. 14, 2021). This win represented a rare successful victory on reformation grounds of a complex financial instrument. For this matter, Kerrin examined, cross-examined, and conducted the re-direct examination of trial witnesses, and argued pretrial motions and the appeal of the trial court’s prior denial of summary judgment on behalf of respondents (resulting in an affirmance of the trial court’s order).
• Led team of litigation associates to obtain a $26 million summary judgment decision in favor of individual investor plaintiffs in a complex breach of contract case involving the alleged conversion of promissory notes into preferred stock. This matter involved a defendant corporation alleging that a deceased co-investor verbally agreed to convert all of the plaintiffs’ promissory notes into preferred stock. Olshan’s team successfully moved for summary judgment, and Kerrin argued that motion before the U.S. District Court for the Southern District of New York.
• Representing Alvarez & Marsal Valuation Services LLC, as a defendant, in multijurisdictional, multi-defendant actions seeking hundreds of millions of dollars in damages, arising from the DC Solar Ponzi scheme. This matter is ongoing in California, Florida and New York state courts.
• Successfully briefed and argued an appeal of a decision denying an individual’s motion to dismiss claims against him that sought $350 million in joint and several liability for his alleged breach of his duties as a former officer and director of a corporation. That motion was brought and lost by another law firm in the court below. On appeal, Olshan convinced the court to reverse the denial of the motion to dismiss.
• Brought an action against a large banking institution, as CDO trustee on behalf of CDO issuers and collateral manager, seeking more than $100 million in damages. Olshan’s team opposed the defendant’s motion to dismiss, and Kerrin argued the motion before the U.S. District Court for the Southern District of New York.

News

Publications

Honors & Recognitions

• Consistently named a “Rising Star” by New York Metro Super Lawyers, 2015-2023
• Received the Pro Bono Publico Award from the Legal Aid Society for her representation of a victim of human trafficking
• Received the Pro Bono Star Award from Human Rights First for her representation of asylum-seekers

Professional

• New York City Bar Association, Securities Litigation Committee
• LGBT Bar Association of Greater New York (LGBT Bar NY)
• Co-Secretary, P.S. 9 Sarah Anderson School PA

Blog Posts