Practice Expertise

  • Advertising and Marketing Litigation
  • Advertising and Marketing Compliance and ...
  • Advertising and Marketing
  • Advertising Compliance and Counseling

Areas of Practice

  • Advertising and Marketing
  • Advertising and Marketing Compliance and ...
  • Advertising and Marketing Litigation
  • Advertising Compliance and Counseling
  • Advertising Litigation
  • Advertising-Litigation - Archived
  • AI, Metaverse, and Emerging Technologies
  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Blockchain
  • Blockchain and Digital Assets
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Commercial Litigation
  • Competition and Consumer Protection
  • Discovery and E-Discovery
  • E-Discovery
  • Government Contracts
  • Intellectual Property Litigation
  • International Arbitration and Transnational ...
  • Litigation
  • Patent Litigation
  • Retail
  • Retail and Consumer Products Litigation
  • View More

Profile

Torsten represents clients from the U.S. and abroad in complex commercial litigation and arbitration.

A litigation partner in the Washington, DC and New York offices, Torsten has served as trial counsel in jury and bench trials in various jurisdictions, and as arbitration counsel in AAA, NASD and ICC proceedings. He has particular experience counseling clients on litigation strategies that effectively balance legal risk and business goals, and in leading internal investigations related to threatened or actual litigation.

Torsten is admitted to practice in New York, New Jersey, the District of Columbia, and in multiple federal districts and circuit courts of appeal.

Relevant Experience

  • Managing commercial litigation dockets for a multi-national Fortune 50 and a multi-national Fortune 500.
  • Defending Fortune 500 entities in federal antitrust matters, including cases involving allegations of monopolization and attempted monopolization in the utility industry; bundled discounting in the healthcare industry; price fixing and market allocation in the food and polyurethane industries and a unique case of exclusionary conduct in Mexico, which he argued before Mexico’s Antitrust Commission.
  • Representing US and foreign clients in international arbitration, including representing a US Fortune 50 in a multi-billion arbitration against an Australian counterparty, which was presided over by the former Chief Justice of Australia’s Supreme Court.
  • Defending clients in product liability and mass tort actions.
  • Defending multinational clients in lawsuits alleging violation of biometric privacy laws.
  • Developing and implementing litigation and trial strategy for entities litigating related issues simultaneously in multiple US and foreign jurisdictions.
  • Leading the development, documentation and training of in-house lawyers on e-discovery and litigation protocols.
  • Developing and implementing plaintiff-side and claims practices for corporate clients to aid law departments in generating revenue.
    • Obtained one of the largest RICO settlements ($297 million) on behalf of healthcare network and others against major US food distributor and its former foreign parent company.
    • Obtained $22 million settlement on behalf of class of healthcare providers and others in antitrust case against major global medical-device manufacturer.
    • Obtained multi-million dollar confidential settlement on behalf of military contractor against prime military contractor for theft of trade secrets and breach of teaming agreement.
  • Developed cutting-edge and award-winning litigation trackers to follow and analyze litigation patters in discrete areas of law relevant to commercial clients, including COVID-19, public nuisance and emerging technologies litigation.

Bar Admissions

  • District of Columbia
  • New Jersey
  • New York

Education
BBA, University of Massachusetts Amherst, Finance and Operations Management, cum laude, 1993

Areas of Practice

  • Advertising and Marketing
  • Advertising and Marketing Compliance and Regulatory Counseling
  • Advertising and Marketing Litigation
  • Advertising Compliance and Counseling
  • Advertising Litigation
  • Advertising-Litigation - Archived
  • AI, Metaverse, and Emerging Technologies
  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Blockchain
  • Blockchain and Digital Assets
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Commercial Litigation
  • Competition and Consumer Protection
  • Discovery and E-Discovery
  • E-Discovery
  • Government Contracts
  • Intellectual Property Litigation
  • International Arbitration and Transnational Litigation
  • Litigation
  • Patent Litigation
  • Retail
  • Retail and Consumer Products Litigation

Professional Career

Significant Accomplishments
  • Counsel for aircraft leasing company in federal breach of contract and fraud case against major defense contractor.
  • Counsel for various Fortune 500 entities in multiple pending federal antitrust matters, including cases involving allegations of monopolization and attempted monopolization in the utility industry; bundled discounting in the healthcare industry; price fixing and market allocation in the food and polyurethane industries.
  • Counsel for foreign pharmacy automation manufacturer in patent infringement case in U.S. against foreign competitor.
  • Counsel for foreign entity sued under the Alien Tort Claims Act and Torture Victims Protection Act.
  • Counsel for foreign software developer in contract dispute with U.S. customer.
  • Counsel in various pro bono matters relating to the visual arts, including enforcing and defending the contract and intellectual property rights of visual artists (painters, photographers, sculptors).


Professional Associations
  • Pro Bono General Counsel, Fulbright Association
  • Member, Litigation, Antitrust, International and Intellectual Property Sections, American Bar Association
  • Member, New York State Bar Association
  • Member, International Section, New York State Bar Association
  • Executive Board, Great Falls Citizens Association


Articles

  • Mr. Kracht is the Chair of Publications and Chair of the Editorial Board of the International Law Practicum, published semi-annually by the New York State Bar Association
  • Respondent not paying arbitration fees? Refusal may constitute waiver of right to arbitrate, Reuters Legal News
  • Managing COVID-19 Risk in New Agreements, Law360
  • States Writing Biometric-Capture Laws May Look To Illinois, Law360
  • Topic Brief: Guarding Against Anticompetitive Pricing: Simple Steps to Protect Your Share of Recoveries from Suppliers Who Violate the Antitrust Laws, The Advisory Board Company
  • International Law Practicum, NYSBA, vol. 31, no. 1
  • Facing Privacy Suits About Facial Recognition, International Law Office – IT & Internet Newsletter
  • Watch for the Expansion of BIPA Claims to New Use Cases and Jurisdictions, Pratt’s Privacy and Cybersecurity Law Report
  • Recognition of Foreign Money Judgments in the United States with a Special Emphasis on the Recognition of Ukranian Judgments, International Law Practicum
  • Spokeo’s Impact and More, Westlaw Journal
  • Recent developments under BIPA: Examining Spokeo’s impact and more, Westlaw Journal Computer and Internet
  • INSIGHT: Illinois Biometric Privacy Law Doesn’t Require Actual Injury—What’s Next?, Bloomberg Law
  • What Kinds of Issues Are Being Litigated Related to the Metaverse and NFTs?, Law.com
  • Joint Report of the International Commercial Disputes Committee and Committee on Arbitration of the Association of the Bar of the City of New York, New York City Bar
  • INSIGHT: Ninth Circuit Facebook Ruling Adds Another Piece to BIPA Standing Chessboard, Bloomberg Law
  • INSIGHT: Six Flags Fingerprint Privacy Case Puts Illinois Biometric Law to Test, Bloomberg Law
  • Facebook pivots from facial recognition system following biometric privacy suit; more biometric privacy litigation on the horizon, Westlaw Today
  • 2019 Retail Industry Year in Review
  • 2020 Retail Industry Year in Review
  • Nine-figure verdicts: What is BIPA and why you should care, Reuters Legal News

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