H. Sinclair (Rod) Kerr, Jr.

Partner

H. Sinclair (Rod) Kerr, Jr., partner and co-founder, handles trial and appellate litigation, with an emphasis on class actions and complex business litigation.

Rod was selected as a Super Lawyer in the 2005-2009 list of Northern California Super Lawyers, an honor given to the top 5% of attorneys practicing in Northern California.

Rod is a seasoned and effective advocate, having tried over 100 cases in state and federal court. He represents both individuals and corporate clients in antitrust, employment, environmental, and a wide array of commercial disputes. He also represents corporate clients in significant criminal investigations and nationwide class actions in courts throughout the United States.

Rod received his undergraduate degree from Wesleyan University (Connecticut), and his Master of Arts from Columbia University. Rod attended University of California, Hastings College of the Law, where he received his law degree in 1974.

Public and Private Practice

Upon graduating from law school, Rod joined the Contra Costa County Public Defender’s Office as a Deputy Public Defender (1975–1980). He handled numerous criminal jury trials, including capital cases, earning the respect of prosecutors and judges alike.

After leaving the Public Defender’s office, he formed Kaus & Kerr and, later, Kaus, Kerr & Wagstaffe, where he specialized in commercial litigation. In 1990, Rod joined the nationally-known law firm of Sonnenschein, Nath & Rosenthal, and became the head of the litigation department for the firm’s San Francisco office.

In October 1999, Rod left Sonnenschein to form Kerr & Wagstaffe LLP with his former partner, Jim Wagstaffe. Rod continues to handle a broad spectrum of civil litigation, primarily in complex business and commercial litigation.

Client Highlights

  • Defended client in a nationwide class action involving in excess $500 million dollars at stake in St. Clair County, Missouri. The jury returned a verdict for the client, which was upheld in appeal by the Illinois Supreme Court.
  • Represented a non-profit land trust in enforcing the terms of a covenant easement. The case was successfully resolved with the corporate landowner and upheld the terms and intent of the easement.
  • Represented a national newspaper company in an antitrust jury trial involving predatory pricing claims in San Francisco Superior Court. The case is currently on appeal before the First Appellate District.

Professional Memberships

American Bar Association
California Bar Association
Bar Association of San Francisco

Author & Speaker

He is a well-respected author of several practice guide articles and the co-author of a Senate Report on federal data banks and constitutional rights. Supporting his belief in mentoring and stewardship, Rod frequently lectures at continuing legal education programs on various aspects of trial practice and discovery.

Educational Background

J.D. University of California, Hastings College of the Law, 1974
MA Columbia University, 1972
BA Wesleyan University, 1969