Biography

Ms. Katie Burghardt Kramer serves as a partner in the firm’s Litigation Department.

Ms. Kramer focuses her practice on complex litigation and arbitration matters on behalf of businesses and individuals, with an emphasis on China-related disputes.  She has a national and international practice, regularly handling matters in federal and state courts across the United States. Ms. Kramer successfully utilizes alternative dispute resolution tools as well, including international arbitration and mediation. Ms. Kramer is a seasoned litigator with significant trial experience, and she brings a keen sense of effective advocacy to every matter. Ms. Kramer excels in every stage of litigation, from formulating initial theories to honing appellate briefs and presenting compelling oral argument, and every stage in between. She communicates clearly and effectively with courts, clients, and others. Ms. Kramer also approaches cases pragmatically, with a focus on delivering favorable results for her clients whether through litigation or negotiated resolutions. Ms. Kramer has significant experience in litigation related to discovery under 28 U.S.C. 1782 for use in a foreign proceeding and regularly assists overseas clients in such matters.

Ms. Kramer began her career in the litigation department of Simpson Thacher & Bartlett LLP in New York. She gained extensive experience while clerking for two federal judges, in California and Vermont. Ms. Kramer is committed to pro bono service, including as amicus counsel in appellate matters, and to providing mentorship to younger lawyers. Ms. Kramer has studied Mandarin for several years and has an appreciation for the Chinese language and culture.

Representative matters:

Alternative Dispute Resolution:

• Represented a leading Chinese artificial turf manufacturer in AAA/ICDR arbitration, including as lead counsel during the six-day final hearing;
• Represented offshore financial company in the successful settlement of arbitration claims pending before HKIAC;
• Successfully vacated an international arbitration award under an extremely demanding legal standard on behalf of a Chinese financial services company, in New York’s commercial division court;
• Represented Chinese Olympic Committee in the successful mediation of a multifaceted cross-border dispute regarding a breach of contract for the provision of Olympic coaching services.

Appellate:

• Counsel of record on U.S. Supreme Court amicus curiae brief submitted on behalf of seven Chinese arbitrators and legal scholars, in Servotronics, Inc. v. Rolls-Royce, PLC, et al., presenting practical guidance to the Court on statutory interpretation of 28 U.S.C. 1782;
• Briefed and argued Ninth Circuit appeal of the legal issue of the first impression in the matter of Hu v. HRC-Hainan Holding Co.;
• Represented plaintiff-appellant in Second Circuit appeal of denial of summary judgment for employment discrimination matter;
• Achieved reversal and remand of a complex appellate matter in Washington, D.C.;
• Successfully argued the appeal of breach of contract action to New York Appellate Division, First Department.

Litigation:

• Represented a group of 40+ investors in Florida federal court regarding fraudulent EB-5 scheme, including successful settlement of claims against individual defendants and against PNC Bank, coordination with the Securities and Exchange Commission, coordination with federal prosecutors, and representation of clients in multiple related bankruptcy matters;
• Represented investors in litigation arising from failed EB-5 projects in California and Washington State;
• Prepared and pursued multiple successful petitions for discovery under 28 U.S.C. 1782 for obtaining discovery for use in a foreign proceeding;
• Represented individuals and small business entities in defending against a petition for discovery under 28 U.S.C. 1782;
• Represented creditors in real estate bankruptcy action in the Central District of California;
• Represented investors in civil litigation claims against failed real estate crowdfunding company in the Southern District of New York.

Publications:

• An Unhappy Bargain: The Downsides of Arbitration, ABA Litigation Journal, Fall 2019, Katie Burghardt Kramer & Amiad Kushner
• Zen and the Art of a [Brief] Reply, ABA Litigation Journal, Summer 2018
• Top Five Appellate Mistakes – and How to Avoid Them, October 9, 2017
• U.S. Supreme Court Rules that Attorney’s Fees Sanctions for Litigation Misconduct Must Be Causally Related to the Misconduct, Federal Bar Association SideBAR, Fall 2017
• Opposing Defense Motions to Exclude Evidence of Grief and Anguish in Wrongful Death Cases, 39 Vermont L. Rev. 4 (2015)

Speaking Engagements:

• The Basics of EB-5 Fraud Litigation: Defending Defrauded Investors, Asian American Bar Association, June 2021.
• Bitcoin and Other Cryptocurrency: What Lawyers Need to Know, Vermont Bar Association Tech Day, May 2018