Birgit Kurtz

Ms. Birgit Kurtz, a seasoned attorney, has extensive experience representing U.S. and foreign companies and individuals in litigation, arbitration and mediation in a vast array of industries, including banking, insurance, electronics, telecommunications, publishing, high-tech, industrial equipment, art, wine, pharmaceuticals, chemicals, and skin care products.

She has been involved in a myriad of matters involving breach of contract, breach of fiduciary duty, fraud allegations, product liability, the Foreign Sovereign Immunities Act (FSIA), the recognition and enforcement of foreign judgments and arbitral awards, class actions, cross-border discovery, title to art and art authenticity, civil asset forfeiture, and the Hague Service and Evidence Conventions, among others.

Representative Matters:

• International Commercial Litigation
  • Representation of a German milk powder manufacturer in litigation in New Jersey about the interpretation and performance of a supply agreement.
  • Representation of a German chemical company and a German manufacturer of medical instruments in various product liability cases.
  • Representation of the German subsidiary of a NYSE-listed health care information company in two antitrust cases before the European Commission and the related representation as project manager of the company in German copyright and privacy litigation.
  • Representation of a large U.S. telecommunications company in a proceeding to gather evidence pursuant to the Hague Evidence Convention in U.S. federal court for use in a Latin American court proceeding.
• International Arbitration
  • Representation of an Indian pharmaceutical company in ICDR arbitration and JAMS mediation regarding a distribution agreement.
  • Representation of a U.S. manufacturer of thermal remediation plants in connection with an ICC arbitration against a German construction company, resulting, after mediation, in the withdrawal of multi-million dollar damage claims against the client.
  • Representation of a large U.S. financial institution in a U.S. federal court proceeding to recognize and enforce an ICSID award against a Latin American country.

EDUCATION:

• Fordham University School of Law (J.D.)
  • Senior Articles Editor, Fordham Environmental Law Journal, 1995-1996
• University of Münster, Germany Law School (J.D. equivalent)

PROFESSIONAL ADMISSIONS:

• State of New York
• United States District Court for the Southern District of New York
• United States District Court for the Western District of New York
• United States District Court for the Northern District of New York
• United States District Court for the Eastern District of Michigan
• United States Court of Appeals for the Second Circuit

PROFESSIONAL ACTIVITIES:

• Professional Advisors to the International Art Market (“PAIAM”)
  • Member, 2016
• Annual Willem C. Vis International Commercial Arbitration Moot Court Competition, Vienna, Austria
  • Arbitrator, 2002-present
• ABA Section of International Law
  • Vice-Chair, Art & Cultural Heritage Law Committee, 2015-present
  • Deputy Programs Officer, 2011-present
  • Co-Chair, International Mediation Committee, 2010-2012
  • Vice-Chair, International Litigation Committee, 2011-2013
• NCCUSL Drafting Committee on the Uniform Foreign Country Money Judgments Recognition Act
  • NYSBA Official Observer, 2004-2005
• NYC Bar Association
  • Member, Art Law Committee, 2006-2009
• Member, International Commercial Disputes Committee, 2009-2012