Recognized by the Legal 500 as a "seasoned trial attorney," Nate Kritzer has a long track record of winning favorable results for his clients. Nate's practice focuses on litigating investment disputes covering a range of subject matter including securities and shareholder litigation, real estate litigation, contract disputes, trade secrets litigation, bankruptcy litigation, and class action defense.
Nate has successfully represented clients ranging from blue-chip, household-name corporations, to major financial institutions and private funds, to startup companies and high-net-worth individual shareholders. In addition to his experience in other areas, Nate has extensive experience representing clients in cross-border disputes and enforcement matters.
Recent highlights from Nate's lengthy list of client victories include the following results in 2018-2021 alone:
- Lead counsel winning a decision in Delaware bankruptcy court dismissing claims against former officers of a major, public sporting goods company seeking over $100 million. In this matter, a bankruptcy trustee sought to bring claims for breach of fiduciary duty based on alleged accounting errors. The decision dismissing all claims came after the bankruptcy trustee had been allowed to take extensive pre-suit discovery, and was secured through a creative litigation strategy. At argument, the presiding judge described that strategy as the "embodiment of the idea that a good offense is the best defense," stating "I'm sure there are lots of defendants that wish they had done something like this."
- Lead counsel defending a multi-national commercial real estate firm in five cases around the country asserting claims for tortious interference and theft of trade secrets, securing favorable rulings across multiple jurisdictions:
- In a matter pending in the District of Columbia, won an order granting summary judgment, in full, plus an award of attorney fees and costs assessed against the Plaintiffs.
- In a matter pending in New York, won orders from the New York Supreme Court, Appellate Division (First Department), dismissing all claims with prejudice.
- In a matter pending in Illinois, won favorable rulings on summary judgment substantially limiting Plaintiffs’ claims, as well as an order assessing attorney fees against the Plaintiffs in connection with certain matters.
- First-chair trial counsel defending a publicly traded technology company and two of its senior executives in a weeklong arbitration defending claims for securities fraud and breach of fiduciary duty brought in connection with a significant acquisition. This matter was tried against an internationally prominent trial firm before a panel of retired federal judges. The case settled after the hearing with no admission of liability and no payment made by our clients.
- Lead counsel securing a final arbitration award exceeding $14 million for an investor against the co-founder of a collapsed financial firm. Within weeks of obtaining the award, obtained liens against real property held by shell entities in an ex parte proceeding to secure enforcement of the award.
- Lead counsel representing the owner of a valuable Brooklyn property in litigation pending in the United States District Court for the Southern District of New York against the parent guarantor of a commercial tenant who purported to abandon a multi-year lease after COVID-19 emerged. Prevailed against the Defendant's motion to dismiss, obtaining an order rejecting the contractual reading the defendant had advocated as a basis for terminating the lease.
- Lead counsel representing an investor in a startup company in the renewable energy sector. After multiple project delays, obtained a seven-figure judgment for an investor in the project, which represented a full return of the client’s investment with a 12% rate of return, plus attorney fees and costs.
- Lead counsel securing closure of an SEC investigation of officers of a public company, with no charges filed against clients.
- Won a groundbreaking ruling dismissing overseas directors and officers of Israel's largest telecom from a putative securities class action, based on lack of personal jurisdiction.
- Won a significant victory defeating class certification (with prejudice) in a case against blue-chip personal care company, affirmed on appeal.
- Won a motion to dismiss all claims against a US-listed, Australia- and London-based Fortune Global 500 mining company in a putative securities class action.
- Won a motion to dismiss all claims against one of the United States' largest poultry producers in a putative securities class action lawsuit.
- Won summary judgment against a certified class of claimants suing the nation's largest return-of-information provider.
- Won a motion to dismiss a securities class action lawsuit against Israeli directors and officers of a liquidating technology firm for failure to state a claim.
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, Southern District of New York
- US District Court, Eastern District of New York
- US District Court, District of Colorado
- J.D., University of Michigan Law School, 2008, magna cum laude; Order of the Coif; Contributing Editor, Michigan Journal of Law Reform
- B.A., University of Cincinnati College, Conservatory of Music, 2002, magna cum laude, Music
Areas of Work
Nate has represented numerous blue-chip clients in their most high-profile disputes, including the following representative matters:
- Represented one of the world's largest fast-casual restaurants and its directors and officers in securities and shareholder litigation arising from alleged food safety incidents. Won dismissal of multiple shareholder derivative and securities lawsuits.
- Represented the world's largest social media company and its officers and directors in securities litigation regarding its high-profile initial public offering. The case settled favorably.
- Represented the nation's largest wireless company in the re-trial of personal-injury claims seeking over $10 million based on legacy operations of an acquired subsidiary. The trial ended with a complete defense verdict, affirmed on appeal.
- Represented a Fortune 500 energy company in a case brought by the government of the United States Virgin Islands seeking billions of dollars in connection with a subsidiary's sale of its operations in the territory, achieving a quick settlement that allowed the transaction to go forward.
- Represented a Fortune 500 personal care company in a putative class action alleging "slack fill" in its line of deodorant products. After argument on a motion to dismiss on preemption grounds, the plaintiff voluntarily dismissed the case for no payment.
- Represented a Fortune 500 personal care company in two putative class action lawsuits regarding its whitening toothpaste. In one case, filed in the United States District Court for the Southern District of New York, the plaintiff voluntarily dismissed the case for no payment. In another case, filed in the United States District Court for the Central District of California, the client won denial of class certification with prejudice, a ruling that was affirmed on appeal.
Nate also has extensive experience representing foreign and overseas companies and their directors and officers in cross-border securities and transactional cases. These matters have involved clients and transactions across the globe, including Europe, Asia, the Middle East, the Caribbean, Australia, and Canada:
- In a significant ruling by the United States District Court for the Southern District of New York, Nate won a motion to dismiss all claims in a putative securities class action against officers of Israel's largest telecommunications company, based on lack of personal jurisdiction. Rex & Roberta Ling Living Trust v. B Commc'ns Ltd., 2019 WL 1407453 (S.D.N.Y. 2019).
- Won a motion to dismiss all claims against a US-listed, Australia- and London-based international mining company in a putative securities class action. Das v. Rio Tinto PLC, 332 F. Supp. 3d 786 (S.D.N.Y. 2018)
- Won a motion to dismiss all claims against Israeli directors and officers of a US-listed, Israel-based technology company, based on failure to state a claim, in a putative securities class action. Padgett v. RiT Techs. Ltd. 2019 WL 913154 (D.N.J. 2019)
- Won a motion to compel arbitration filed on behalf of a Canadian-listed, US-headquartered technology company, in connection with purchase of close-held company.
- Represented officers of a US-listed, foreign-incorporated company in a confidential SEC investigation, resulting in closure of the investigation with no charges filed.
- Represented global head of derivatives trading for a bulge bracket bank in a CFTC investigation involving cross-border trades of derivatives pegged to ISDA Fix.
- Won summary judgment for a United Kingdom-based luxury goods manufacturer in a case alleging over $30 million on a fraudulent transfer theory. In re Waterford Wedgwood USA, Inc., 500 B.R. 371 (Bankr. S.D.N.Y. 2013).
- Won dismissal of all claims against a US hedge fund in connection with CDO-related securities-fraud claims asserted by French investment bank. Intesa Sanpaolo, S.p.A. v. Credit Agricole Corporate & Inv. Bank, 924 F. Supp. 2d 528 (S.D.N.Y. 2013).
Nate also has achieved outstanding results in numerous other commercial matters involving securities and shareholder litigation, class action defense, bankruptcy litigation, and trade secrets litigation:
- Represented directors and officers in litigation arising from going-private transaction. Won dismissal of claims for breach of fiduciary duty, affirmed on appeal by the Delaware Supreme Court. Chester Cty. Ret. Sys. v. Collins, 165 A.3d 286 (Del. 2017).
- Won motion to dismiss all claims against poultry producer in putative securities class action lawsuit. Gamm v. Sanderson Farms, Inc., 2018 WL 1319157 (S.D.N.Y. 2018)
- Won dismissal of derivative claims against directors and officers of cloud-based healthcare analytics company. Rodriguez v. Dunleavy, Index No. 59837/2017 (N.Y. Sup. Ct. Dec. 26, 2017).
- Won a seven-figure damages award on summary judgment on behalf of an investor in a startup company in the renewable energy sector, based on breach of a securities purchase agreement.
- Won summary judgment against a certified class in a matter concerning charges for medical record retrieval. Faber v. Ciox Health, LLC, 331 F. Supp. 3d 767, 771 (W.D. Tenn. 2018)
- Secured dismissal with prejudice of all claims in a putative nationwide class action lawsuit against the country's largest return-of-information company. Ruling was affirmed on appeal by the Eleventh Circuit. Kuchenmeister v. HealthPort Techs., LLC, 753 F. App'x 794 (11th Cir. 2018)
- Served as first-chair trial counsel in a bench trial alleging damage to a commercial property. The case settled favorably after the judge heavily discredited the opinion of the opposing expert witness.
- Served as trial counsel in a bench trial defending a claim for electrical service delivered to client's retail stores. The trial resulted in a judgment dismissing the claim and awarding a total defense victory for the client.
- Served as trial counsel in a three-week bench trial seeking confirmation of the client's complex Chapter 11 plan. Following the trial, the client's plan was confirmed over all objections.
- Argued appeal to the New York Supreme Court — Appellate Division in trade secrets lawsuit, winning reversal of opinion below and dismissal of trade secrets and related claims against client. BGC Partners, Inc. v. Avison Young (Canada) Inc., 160 A.D.3d 407 (1st Dep't 2018)
- Argued Second Circuit appeal in contract dispute seeking damages from the client for payments allegedly due. The court affirmed the judgment below, which dismissed these claims on summary judgment. In re The Great Atlantic & Pacific Tea Co., Inc., 595 Fed. Appx. 72 (2d Cir. 2015).
- Argued appeal to the United States District Court for the Southern District of New York in dispute over attorney fees. The opponent alleged that it was owed approximately $1 million in attorney fees under the client's Chapter 11 plan. The court affirmed the judgment below denying this claim. In re The Great Atlantic & Pacific Tea Co., Inc., No. 12-CV-5969 (S.D.N.Y. 2013).
- Argued appeal to the New York Supreme Court — Appellate Division in employment dispute. The plaintiff alleged claims against the client for sexual harassment, retaliation, and intentional infliction of emotional distress. The court affirmed the order below granting summary judgment for the client on these claims. Suriel v. The Dominican Republic Education & Mentoring Project, Inc., 85 A.D.3d 1464 (3d Dep't 2011).
- Represented securities broker-dealer in FINRA arbitrations involving securities claims.
- Represented pharmaceutical company in class action alleging claims for consumer fraud and unfair trade practices based on generic formulation of antidepressant. Representation resulted in favorable settlement for client, which involved no cash payment to any class member.
News & Publications
New York Law Journal
September 1, 2021
January 25, 2021
July 7, 2020
August 14, 2019