Glenn M. Kurtz

Partner, New York

Biography

Overview

Glenn Kurtz is the Global Chair of Commercial Litigation at White & Case. Recognized as a leading trial lawyer, Glenn offers clients the benefit of more than 30 years' of experience and a strong track record of trying and winning complex cases, including class action and multidistrict litigations, in federal and state courts and in arbitrations throughout the United States. Glenn also handles contested matters for debtors, creditors' committees, creditors, litigation trusts and equity holders in major bankruptcy cases.

Glenn's practice is focused on domestic and international clients in a range of contentious, high-profile, multibillion dollar commercial disputes. These disputes typically arise from debt and equity investments, financing agreements, acquisition agreements, shareholder agreements, technology licenses and franchises, distributorship contracts and other significant arrangements.

Glenn has amassed particular trial experience with cases involving financial instruments, valuations, pricing and other economic issues. He also has deep experience handling fiduciary litigation, generally related to mergers and acquisitions and equity and debt financings, as well as major class action and securities fraud cases, and RICO cases.

His broad commercial litigation background enables him to offer clients robust and knowledgeable representation across a broad range of matters, utilizing trial skills and commercial sense. Dedicated to achieving the best possible outcome for his clients, Glenn's track record has made him the go-to litigator for major clients involved in large, high-profile cases, where the stakes are high and the issues are complex.

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 First Circuit
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 Court of Appeals for the Eleventh Circuit
US Supreme Court
Education
JD
Boston University School of Law
cum laude
BA
State University of New York at Albany
magna cum laude
Languages
English

Experience

Representation of Anthem in a high-profile action resulting from the failed US$54 billion acquisition of Cigna Corporation ("CI").  The case involved competing claims for tens of billions of dollars, and was closely followed by major media outlets as one of the most-watched business cases. Glenn achieved a landmark victory for Anthem, defeating each of Cigna's claims.

Representation of Anthem in a US$12 billion dollar lawsuit against the largest pharmacy benefits manager in the US, Express Scripts, Inc. ("ESI"), arising from ESI's breaches of its contractual duties to negotiate in good faith to ensure that Anthem receives market pricing for pharmaceutical drugs and for certain operational breaches.

Representation of Royal Ahold in In re Royal Ahold Securities and ERISA Litigation, one of the largest multidistrict litigation securities fraud cases ever filed, alleging billions of dollars in damages. The case arose out of Ahold's disclosure of an overstatement of tens of billions of dollars of revenue, and certain accounting irregularities at a subsidiary, which precipitated a 60 percent drop in the stock price. The case raised numerous cutting-edge issues relating to extraterritorial application of the securities laws, the feasibility of certifying a class of foreign shareholders and sophisticated damage theories.

Representation of US Foodservice ("USF") and Royal Ahold in multidistrict class action litigation involving claims brought on behalf of USF's cost-plus customers seeking billions of dollars in damages. The MDL panel transferred the case, as USF requested, to the US District Court for the District of Connecticut. The allegations included claims for breach of contract and RICO violations based on customer rebates or promotional allowances billed through certain value-added service providers.

Representation of Walter Noel of Greenwich Group ("FGG"), founder of the largest feeder fund to Madoff, in connection with a consolidated class action proceeding in the United States District Court for the Southern District of New York. Investors in certain FGG funds asserted direct and derivative claims alleging, among other things, securities claims stemming from the alleged failure of the Fairfield Greenwich Group to perform adequate due diligence on Bernard Madoff's investment operation.

Representation of Pilot Travel Centers LLC, d/b/a Pilot Flying J, the largest over-the-road diesel provider in the US, as national coordinating counsel in more than 20 putative class actions alleging Pilot Flying J withheld rebates or discounts owed to customers based on purchases of diesel fuel. We successfully obtained approval of a nationwide settlement that resolved all the putative class actions. We were also successful in obtaining an order from the Joint Panel on Multidistrict Litigation that consolidated and transferred all the remaining opt-out federal cases to a single court in the Eastern District of Kentucky, then resolved all of the opt-out cases.

Representation of the Ad Hoc Secured Group of LightSquared LP Lenders in the bankruptcy proceedings of LightSquared Inc. and certain of its subsidiaries pending in the Bankruptcy Court for the Southern District of New York. The group of secured creditors of the debtors' operating company was the most significant creditor constituency in the case. Glenn defeated an insider plan and, following trial, obtained a ruling equitably subordinating the debt of a non-insider.

Representation of 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. The case drew substantial global interest and was a featured story in major news media.  Glenn 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 obtained from the United States Supreme Court.

Representation of the Office of the Commissioner of Baseball, doing business as Major League Baseball ("MLB"), in connection with the bankruptcy of the Los Angeles Dodgers baseball club and affiliated entities (the "Debtors"). At the outset of the proceedings, we successfully represented MLB in defeating an attempt by the Debtors to obtain debtor-in-possession financing following an evidentiary hearing. We then successfully blocked the owner of the team, Frank McCourt, from selling the team's media rights following another evidentiary hearing. Ultimately, we were successful in forcing Mr. McCourt to sell the team through a court-supervised sale process, which resulted in the sale of the club to new owners (a group including Guggenheim Partners and former Los Angeles Lakers star Magic Johnson) for an unprecedented US$2.150 billion.

Representation of 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.

Representation of the New York Jets in a highly publicized dispute with former Head Coach Bill Belichick, winning the NFL arbitration and then the federal court case challenging the arbitration and raising antitrust challenges.

Representation of Dynegy in a putative securities class action suit arising out of Dynegy's successful restructuring in 2011 and 2012. On April 30, 2014, Judge John G. Koeltl in the US District Court for the Southern District of New York dismissed with prejudice all claims asserted against our clients, officers and directors of Dynegy, Inc. Plaintiffs had claimed that defendants' fraudulent misrepresentations caused an 87 percent drop in Dynegy's stock price from its class-period high. Glenn successfully defended claims in the Delaware Chancery Court trying to block certain components of Dynegy's restructuring.

Successful representation of 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.

Awards and Recognition

Recognized in the practice of General Commercial Litigation
by Chambers USA, 2009 – 2017

Recognized as a leading individual in the practice of General Commercial Litigation
by Benchmark Litigation, 2007 – 2017

Recognized as a Super Lawyer, 2006 – 2017