Nate Kritzer is a seasoned trial lawyer with a consistent track record of achieving favorable results for his clients. Nate has successfully tried multiple cases as a first-chair trial counsel and has argued and won appeals in numerous courts including the United States Court of Appeals for the Second Circuit, the United States District Court for the Southern District of New York, and New York State's Supreme Court, Appellate Division. Key areas of Nate's practice include securities and shareholder litigation, 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 individual investors. In addition to his broad experience in other areas, Nate has extensive experience representing clients in cross-border enforcement and litigation matters. Recent highlights from Nate's lengthy list of client victories include the following results in 2018-19 alone:
- Won a groundbreaking ruling dismissing overseas directors and officers of Israel's largest telecom from a securities action, based on lack of personal jurisdiction;
- Won a significant victory defeating class certification 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 an appellate ruling reversing a trial-court order and dismissing trade secret (and related) claims asserted against Canada's largest independently owned commercial real estate firm;
- 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 seven-figure damages award on summary judgment on behalf of an investor in a startup company in the renewable energy sector;
- 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;
- Secured closure of an SEC investigation of officers of a foreign-incorporated, US-listed company, with no charges filed against clients.
- 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
August 14, 2019