Kenneth M. Kramer, Esq.

T: 212-751-2700
F:212-751-4099

Locations

Available to hear cases nationwide.
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Since joining JAMS in 2010, Kenneth M. Kramer has served as an arbitrator and mediator in numerous complicated financial services, securities, mergers and acquisition, antitrust and commercial contract disputes. Prior to joining JAMS, in nearly four decades in private practice at Shearman & Sterling and Cravath, Swaine & Moore, Mr. Kramer developed a reputation as a consummate securities, antitrust, and commercial litigation practitioner. Mr. Kramer is a strong and passionate advocate for alternative dispute resolution.

ADR Experience and Qualifications

  • At JAMS, Mr. Kramer focuses on complex commercial disputes with specialization in:
      • Mergers and Acquisitions
      • International Investment
      • Real Estate
      • Banking
      • Financial service industry disputes
      • Securities class actions
      • Antitrust actions
      • Corporate governance cases
      • Contract cases
  • In addition to his litigation practice, participated in the structuring and negotiation of many complicated corporate transactions and is expert in the documentation for leveraged buyouts, bank credit agreements, asset purchases, mergers and acquisitions and debt and equity offerings; has provided disclosure advice on hundreds of public and private securities offerings
  • Has substantial experience representing parties and eventually settling commercial disputes arbitrated under the Rules of the International Chamber of Commerce
  • Headed Shearman & Sterling’s litigation group and served as a member of the firm’s Practice Management Committee
  • Was a resident partner in Shearman & Sterling’s Paris office from 1979 to 1981, during which time he was a conseil juridique in the French Bar
  • Fluent in French and competent in Spanish and Italian

Representative Matters

  • Mergers and Acquisitions Chaired a tripartite arbitration panel in a dispute over the amount of an earn out in an acquisition of a
    large private company by a listed public company; served as an arbitrator in a dispute concerning the amount of an earn out in an asset
    purchase agreement between a large public company and a private company; served as an arbitrator in a complex post-closing adjustment dispute
    between two public companies.
  • Securities cases involving derivatives including disputes involving ISDA documents; disputes between different classes of investors in collateral debt obligations;
    dispute between placement agent and promoter of insurance based derivatives;
    and class action securities fraud
  • Antitrust cases involving claims of national and international price fixing
  • International disputes concerning contracts for investment;
    a guaranty by a foreign bank of the obligations of a foreign manufacturer;
    and dissolution of cross border joint ventures
  • Corporate Governance disputes involving obligations to indemnify officers and directors
  • Real Estate disputes between commercial lessors and lessees
  • Banking dispute between a bank and a client involving identity theft
  • Professional Liability disputes concerning unpaid fees and claims of malpractice

Honors, Memberships, and Professional Activities

  • Registered Mediator, United States Bankruptcy Court of the Southern District of New York
  • Recognized as a New York Superlawyer, 2006-2013
  • Recognized as a leading antitrust lawyer in New York by Chambers USA, America’s Leading Lawyers for Business
  • Listed in Who’s Who of American Lawyers
  • Board member: International House, Episcopal Social Services (President), Music for Life International (Chair), Healing Communities Network, Brooklyn Heights Casino
  • Past Board member: New York Lawyers for the Public Interest, The Legal Aid Society, Juvenile Diabetes Research Foundation, General Theological Seminary (Chancellor)
  • Frequent contributor to ADR publications: JAMS' Expedited Rules: Returning Arbitration to Its Roots, CPR Alternatives, November 2010; Complex International Financial Disputes: Is Arbitration the Answer, in Contemporary Issues in International Arbitration and Mediation, The Fordham Papers (2013)

Background and Education

  • Partner, Shearman & Sterling LLP, 1980-2009
    • Co-Chairman, Litigation Department
    • Member, Practice Management Committee
  • Associate, Shearman & Sterling LLP, 1977-1980
  • Associate, Cravath, Swaine & Moore, 1973-1976
  • Law Clerk, Honorable Orrin G. Judd, United States District Judge for the Eastern District of New York, 1972-1973
  • J.D., Albany Law School, Union University, NY, 1972 (Editor-in-Chief of the Law Review)
  • A.B., Colgate University, NY, 1965
  • Lieutenant, United States Naval Reserve, 1966-1969
  • Languages: French (fluent), Spanish (competent), Italian (competent)