Kendall Burr is a partner at Edison, McDowell & Hetherington LLP. His complex commercial litigation practice focuses on financial services, insurance, patents, copyrights, trademarks, and trade secret misappropriation. Kendall has extensive expertise in insurance-related disputes involving stranger-originated life insurance (STOLI) and other transactions involving life and annuity products. Kendall’s expansive litigation practice also includes handling cases involving unfair competition, director liability, corporate opportunities, antitrust, RICO, employment, real estate, bankruptcy, business tort, contract and securities claims.
Kendall’s practice involves litigation in state and federal courts in Texas, California, New York and various other courts around the country. He has represented clients in numerous industries, including entertainment, brand licensing, sports, life insurance, chemical-process technology, financial services, and energy. Kendall has also represented clients in several high-profile federal trials, including author J. K. Rowling in a well-publicized trial that resulted in a finding of copyright infringement against the publisher of an unauthorized dictionary based on her Harry Potter books.
Before joining EMH in November 2009, Kendall practiced at large, national firms in both New York and Houston. Kendall also worked as an intern in the National Hockey League’s legal department and clerked for the U.S. Army JAG Corps. Kendall spent several summers volunteering in Mozambique and served a two-year mission to northern Portugal. He is fluent in both Portuguese and Spanish.
Kendall has climbed to the top of Mount Kilimanjaro (19,341 feet) and has competed in numerous sprint triathlons, marathons and half marathons, and other races. Kendall enjoys spending time with his wife, son and two daughters, and enjoys board games, sci-fi, tinkering on the piano and guitar, and serving in his church. Kendall and his family are also regularly involved in fundraising, organizing marathon teams and other events as part of their campaigns for spina bifida and other causes.
Harlan Fiske Stone Scholar
Represented author J.K. Rowling and Warner Brothers in pursuing copyright infringement claims against the publisher of an unauthorized “lexicon” based on Ms. Rowling’s Harry Potter books, which resulted in a favorable verdict halting the publication of that lexicon after a well-publicized bench trial that Managing Intellectual Property named "Copyright Trial of the Year."
Successfully tried to conclusion and obtained unanimous jury verdict of no liability for a nonprofit theatre company accused of trademark infringement, and won an appeal before the U.S. Court of Appeals for the Second Circuit.
Represented brand licensor, License Management Co., in a case involving corporate opportunity and breach of fiduciary duty claims relating to the rights to license “Swiss Army” trademarks and secured a favorable settlement during the second week of a three-week bench trial.
Successfully prosecuted an intellectual property dispute on behalf of chemical compound producer INVISTA, a subsidiary of Koch Industries, Inc., in pursuing trade secret misappropriation and unfair competition claims relating to the theft of its proprietary chemical process technology it licenses to manufacturers of Butanediol in China. Favorable settlement included an agreement by the defendants to issue a joint press release stating that Defendants had agreed to pay INVISTA licensing fees in connection with two projects they had secured in China, and to the issuance of a court order declaring that defendants had no rights to INVISTA's technology, and shall not use or license it in the future.
Obtained summary judgment dismissal of case brought against life insurer in a dispute involving non-recourse premium financing; the court found that the plaintiffs, an insured and a life insurance trust that had collaterally assigned policy rights to a third party premium financier, lacked standing to assert claims against the insurer due to the nature of the financing transaction. The Sixth Circuit affirmed this holding in insurer's favor.
Represented a well-known international bank in actions seeking damages under the Antiterrorism Act for providing financial services to groups with alleged ties to international terrorism.
Representing The Phoenix Companies in connection with various stranger-owned/originated life insurance (STOLI) litigation matters in courts nationwide.
Represented American General Life Insurance Company and AXA Equitable Life Insurance Company in complex insurance disputes around the country.
Represented Gerber Life Insurance Company in a patent dispute involving business method patents relating to automated technological processes for generating direct marketing materials.
Achieved a favorable settlement shortly after two successful Markman hearings that significantly restricted the meaning of the plaintiffs’ alleged patent rights.
“Stranger-Initiated Annuity Transactions and the Case for Insurable Interest” Connecticut Insurance Law Journal, Vol. 19, No. 1 (2012).
“Making Sense of New York’s Corporate Opportunity Doctrine,” New York State Bar Journal, Vol. 80, No. 10 (2008) (cover article, with Jonathan Rosenberg).
“The Evolution of the International Law of Alienability: The 1997 Land Law of Mozambique as a Case Study,” Columbia Journal of Transnational Law, Vol. 43, No. 3 (2005).