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  • German

Biography

Ms. 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.

Other Info About Birgit

Experience

Legal Work Highlights

Representative Matters

International Commercial Litigation

  • Representation of a German wine dealer in litigation in New York about allegedly forged wines.
  • 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 magazine publisher in a copyright case in New York.
  • Representation of a German chemical company and a German manufacturer of medical instruments in various product liability cases.
  • Representation of a German multimedia company in various disputes in the United States, including employment, contract, antitrust and tort disputes.
  • Representation of a German cosmetics and skin care manufacturer concerning contractual and product liability issues.
  • Successful defense of a putative class action against a major international cell phone manufacturer, also prevailing on appeal.
  • 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 an Austrian industrial company and affiliates in tort litigation in Pennsylvania federal court.
  • 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 South Asian manufacturing company in ICDR arbitration involving force majeure.
  • Representation of an Italian wine maker in ICDR arbitration and mediation in New York about the distribution of wine products in the United States.
  • 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 various private investors in ICSID and UNCITRAL arbitrations against a Central Asian country.
  • Representation of a U.S. manufacturer of high-tech security equipment in ICDR arbitration.
  • Representation of an Asian TV manufacturer in ICC arbitration.
  • 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.

Art Law

  • Representation of a claimant in a federal interpleader action regarding a stolen painting.
  • Representation of a European art museum in a civil asset forfeiture case involving a painting in federal court in New York.
  • Representation of a European auction house in various contract and tort disputes in New York and California.
  • Representation of a European state in litigation in California federal court (trial and appeal levels) about the ownership of a painting.
  • Representation of a German auction house in litigation in New York state court about the authenticity of an antiquity acquired at auction.
  • Representation of various parties in several civil cases in the U.S. about the ownership of allegedly stolen paintings.
  • Representation of a European state in a dispute about the ownership and alleged pledging of a painting as security.
  • Representation of a European investment company in litigation in New York state court about the value of a painting and related contractual and tort claims.
  • Representation of the heirs of a German painter/collector in New York state court re the ownership of a stolen painting.

Education

Fordham University School of Law|University of Münster, Germany Law School

J.D.|J.D. equivalent

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  • Senior Articles Editor, Fordham Environmental Law Journal, 1995-1996

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Clerkships

Birgit served as a clerk for the court(s) and judge(s) below:

Judicial intern to the Honorable Charles S. Haight, Jr., United States District Court for the Southern District of New York, 1994

 

Judicial intern to the Honorable Dominick L. DiCarlo, Chief Judge, United States Court of International Trade, 1995

Courts

Birgit is admitted to practice before the following court(s):

State of New York|State of New Jersey|United States District Court for the Southern District of New York|United States District Court for the Eastern 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 District of New Jersey|United States District Court for the Eastern District of Michigan|United States Court of Appeals for the Second Circuit|Supreme Court of the United States

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Professional Affiliations

Professional Affiliations & Memberships

Arbitral Women
Member, 2016

 

Professional Advisors to the International Art Market (“PAIAM”)
Member, 2016

 

American Bar Foundation
Fellow, 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

 

Cobble Hill High School moot court and mock trial team
Coach & Mentor, 2010-2014

 

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