White & Case
  Glenn M. Kurtz
Partner
New York

T: + 1 212 819 8252
F: + 1 212 354 8113
E:
Practice Experience
Glenn Kurtz is the Global Chair of Commercial Litigation at White & Case LLP. Mr. Kurtz is a very experienced trial and appellate lawyer, who handles complex cases, primarily class action and multi-district litigations, in federal and state courts and in arbitrations throughout the United States.

Mr. Kurtz focuses on commercial cases, typically arising out of debt and equity investments, financing agreements, acquisition agreements, shareholder agreements, technology licenses, franchise and distributorship contracts and other significant agreements or arrangements. Mr. Kurtz has substantial trial experience in cases involving financial instruments, valuations, pricing and other economic issues.

Mr. Kurtz handles M&A-related and other fiduciary litigation, and major securities fraud, RICO and other class action cases.
  • Mr. Kurtz represents Walter Noel, a founder of the Fairfield Greenwich Group, in connection with the highly publicized multi-district litigation putative class action in federal court, and in state courts and related investigations arising out of the multi-billion dollar Madoff Ponzi scheme.
  • Mr. Kurtz is counsel to Royal Ahold and certain affiliates in Royal Ahold Securities and ERISA litigations, among the largest multi-district litigation class action securities fraud/ERISA cases ever filed, involving billions of dollars. 
  • Mr. Kurtz also represents defendants in several multi-billion dollar RICO cases.  For instance, Mr. Kurtz is representing US Foodservice in In re USF Pricing Litigation, a multi-district litigation class action pending in federal court in Connecticut challenging industry-wide putative pricing practices.
  • Mr. Kurtz successfully represented the defendant in Ottman v. Hanger Orthopedics, the seminal case establishing the standards for pleading securities fraud in the Fourth Circuit. 
  • Mr. Kurtz has handled numerous cases in Delaware Chancery Court, typically challenges to mergers and acquisitions, tender offers or significant investments, including a recent trial challenging a convertible preferred financing.  Mr. Kurtz has also handled a cutting-edge poison pill case.
  • Mr. Kurtz successfully represented an employee leasing company in a major tax case that overruled the IRS’s treatment of per diem payments to employees.
  • Mr. Kurtz recently prevailed for a private equity firm in a $54 million arbitration concerning certain accounting practices at a company purchased as part of a roll-up.

Mr. Kurtz also has extensive experience in major bankruptcy cases.  He has represented debtors, creditors' committees, creditors, litigation trusts and equity holders in significant bankruptcies, including in connection with parallel proceedings brought in the United States and abroad.
  • Mr. Kurtz represented certain lenders, including Indiana public pension funds, in opposing the Chrysler bankruptcy sale. The case raised numerous issues of first impression, including under the Troubled Asset Relief Program, and held substantial global interest. The opposition was repeatedly a leading story in major newspapers and television and radio news programs. Mr. Kurtz handled the expedited trial (after only six days of discovery), then the expedited appeal to the Court of Appeals for the Second Circuit (briefed and argued within two days), and then the temporary stay from the United States Supreme Court.
  • Mr. Kurtz represented the major shareholders in the Delphi bankruptcy, and was successful in obtaining an order for the formation of an equity committee, over the objections of the debtors, the creditors committee, the lenders and the US Trustee. He then successfully represented defendants in a highly publicized, cutting-edge action seeking to compel specific performance of a $2.5 billion equity investment in Delphi, and asserting numerous other tort, contract and statutory claims.
  • Mr. Kurtz represented Bank of America, the largest agent bank, in a multibillion dollar lawsuit arising out of the Adelphia bankruptcy and Adelphia’s co-lending agreements. 
  • Mr. Kurtz represented Mirant in one of the most significant (months long) valuation trials in bankruptcy history. Mr. Kurtz has tried a number of other valuation cases as well. 
  • Mr. Kurtz recently prevailed at trial imposing an involuntary bankruptcy on a major real estate developer to sell the Flatotel in New York City.
  • Mr. Kurtz represented Rangers Baseball Express LLC, an entity led by Hall of Fame pitcher Nolan Ryan and Pittsburgh sports attorney Chuck Greenberg, in its purchase of the Texas Rangers major league baseball team out of bankruptcy. The case was hotly contested and involved an expedited trial over disputed procedures for a very fast auction. After prevailing at the trial, the Ryan group prevailed as the winning bidder at the auction, over a group led by Dallas Mavericks owner Mark Cuban and Houston businessman Jim Crane. 

Mr. Kurtz litigates trade secret cases involving computer software, chemical formulations and general business matters. He also represents manufacturers in product liability actions, including as national coordinating counsel for asbestos cases.

Mr. Kurtz represents insurers and insureds in coverage litigation. Mr. Kurtz represented a major financial institution in connection with a nine-figure insurance claim arising out of the WorldCom securities cases. He has also represented The Prudential Insurance Company of America, the Chubb Insurance Companies, The Equitable Life Assurance Society and The Home Insurance Company. Mr. Kurtz was involved in the settlement of all asbestos-related personal injury liabilities against a significant asbestos manufacturer in one of the original mandatory class action settlements establishing a trust and elaborate mechanisms for future claims resolution, and providing bar orders and full releases to the defendant and its insurers. Mr. Kurtz has litigated bad faith actions in numerous jurisdictions.

Mr. Kurtz also has substantial experience in employment cases, including employee raiding claims, non-compete and non-solicitation claims, misappropriation of trade secrets claims, and significant ERISA cases.

Mr. Kurtz also handles sundry other cutting-edge litigations.
  • Mr. Kurtz successfully represented the New York Jets in a highly publicized dispute with former Head Coach Bill Belichick, winning the NFL arbitration and the subsequent federal court case.
  • Mr. Kurtz successfully represented the Guggenheim Museum in a highly publicized and seminal case concerning a Marc Chagall painting stolen from the museum and later purchased by an individual in good faith from a reputable gallery. 
  • Mr. Kurtz successfully represented religious corporations in various novel litigations, including First Amendment claims, church governance and property disputes and sexual misconduct cases, and prevailed at trial on a very difficult case involving the right to a church and its property arising out of a schism at the Bulgarian Eastern Orthodox Archdiocese.

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US District Court for the Western District of Michigan
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Supreme Court

Education
JD, Boston University School of Law, cum laude, 1989
BA, State University of New York at Albany, magna cum laude, 1986

Awards and Recognition
Recognized in the practice of General Commercial Litigation by Chambers USA 2009
Recognized as a leading individual in the practice of Dispute Resolution by Chambers USA 2008
Recognized as a leading individual in the practice of General Commercial Litigation by Benchmark 2007
Recognized as a leading individual in the practice of General Commercial Litigation by Benchmark 2009
Recognized as a SuperLawyer in 2006, 2007, 2008, 2009

Languages
English

Citizenship
United States