Overview
Katie Burghardt Kramer is a tenacious litigator and exceptional strategist who is committed to obtaining the best possible results for her clients.
Katie focuses her practice on complex commercial litigation and arbitration matters. Based in New York, she has a national and international practice, regularly handling matters in federal and state courts across the United States. Having practiced for more than 15 years, Katie is a seasoned litigator with significant trial and appellate experience, she excels in every stage of litigation – from formulating initial theories, to communicating with juries, to honing appellate briefs and presenting compelling oral arguments, and every stage in between. At the same time, Katie is attentive to the nuances of each client’s goals, approaching cases pragmatically, with a focus on delivering the most favorable results for her clients whether through litigation or negotiated resolutions.
Katie also has significant experience handling cross-border disputes, particularly on behalf of clients based in Asia, including but not limited to Korea and China. Katie has litigated numerous petitions for discovery under 28 U.S.C. § 1782, which allows parties to obtain discovery for use in a foreign proceeding, and regularly assists overseas clients in such matters. She has handled numerous cross-border international arbitration and U.S. litigation matters.
Katie commenced her career with two federal clerkships and then proceeded to practice at a multinational law firm in New York. Immediately prior to joining DTO, Katie practiced at a boutique she helped establish. She splits her time between New York City and Vermont, where she enjoys skiing in the winter and lake swimming in the summer.
American Bar Association International Law Section, International Litigation Committee, Vice Chair for Programs (2024-2025)
New York State Bar Association, International Section, Commercial and Federal Litigation Section
ArbitralWomen
Disclosure, Documents, Depositions, and More: A Discussion of Pre-Trial Discovery Practices Around the Globe, American Bar Association International Law Section, May 2024
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
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)
Experience
Represented a leading Chinese artificial turf manufacturer in international arbitration, including as lead counsel during the six-day final hearing that resulted in a successful award on client’s counterclaims.
Represented defrauded investors in recovering real estate investment assets, through civil litigation and pursuit of bankruptcy claims, including numerous complex matters representing groups of investors in the EB-5 immigration investment program.
Counsel for defendants in numerous intellectual property infringement actions in New York, Florida, and Illinois, resulting in favorable resolutions.
Lead counsel on U.S. Supreme Court amicus curiae brief submitted on behalf of arbitrators and legal scholars, in ZF Automotive US, Inc., et al. v. Luxshare, Ltd., presenting practical guidance to the Court on statutory interpretation of 28 U.S.C. § 1782 and supporting the position ultimately adopted by the Court.
Credentials
Stanford University Law School, J.D.
Yale University, B.A.
DGW Kramer LLP
Simpson Thacher & Bartlett LLP
Admitted in New York and Vermont
Federal Courts:
United States Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Southern District of New York
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Vermont
Hon. Christina Reiss, 2011 – 2012
U.S. District Court for the District of Vermont
Hon. Andrew Guilford, 2010 – 2011
U.S. District Court for the Central District of California