Biography
Kenneth M. Kramer, Esq., in nearly four decades in private practice, has developed a reputation as a consummate securities, antitrust, and commercial litigation practitioner. He has participated in many of the most important securities, antitrust, and commercial litigations of the past decade, some of which are detailed below. In many cases in which his firm was involved, he successfully negotiated settlements, making him a strong and passionate advocate for alternative dispute resolution. Mr. Kramer joins JAMS after 37 years in private practice at Shearman & Sterling and Cravath, Swaine & Moore.
Representative Matters
- 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; class action securities fraud; dispute between bulge bracket bank and employee terminated for violating securities rules
- Arbitrated complicated dispute involving collateral debt obligations; arbitrated dispute between foreign bank and foreign manufacturer over guarantees
- Litigated many securities class actions, merger and acquisition disputes, private equity financing disputes and numerous other financial service industry cases
- Negotiated settlements in a group of over 30 treble damage actions against the pharmaceutical industry (In re Brand Name Prescription Drug Antitrust Litigation)
- Negotiated settlements in treble damage antitrust class actions alleging price fixing in the markets for publication paper (In re Publication Paper Antitrust Litigation)
- Negotiated settlement of antitrust class actions and related SEC and DOJ investigations of price fixing of NASDAQ securities (In re NASDAQ Antitrust Litigation)
- Litigated and eventually settled claims arising out of the failed merger of two regional utility companies in the Northeast
- Settled litigation alleging breaches of ERISA in connection with the provision of pharmacy management benefits (In re Medco Health Solutions ERISA Litigation)
- Settled securities class actions for foreign issuers including a major chemical company
- Represented, litigated, and settled multiple construction contract arbitrations for a North African hydrocarbon company and a group of Korean construction companies
- Was counsel to the three member arbitration panel in the Master Settlement Tobacco Fee Arbitrations
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Fellow, Chartered Institute of Arbitrators
- 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 by Chambers USA, America’s Leading Lawyers for Business
- Listed in Who’s Who in America and in Who’s Who in American Law
- Board member: International House (Board Secretary and member of Executive Committee), Sheltering Arms Children and Family Services (Chairman of the Board and President), Music for Life International (Chairman Emeritus), Healing Communities Network, Berkshire Opera Festival
- Past Board member: New York Lawyers for the Public Interest, The Legal Aid Society, Juvenile Diabetes Research Foundation, General Theological Seminary (Chancellor), Brooklyn Heights Casino
- Frequent contributor to ADR publications and panelist at ADR meetings: 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)
- 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)
News
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Practice Areas
- Antitrust
- Arbitration
- Business/Commercial
- Class Action/Mass Tort
- Financial Markets
- International & Cross-Border
- Securities
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