Torsten M. Kracht

Torsten represents clients from the U.S. and abroad in complex commercial litigation and arbitration. A litigation partner in the Washington, DC and New York offices, Torsten has served as trial counsel in jury and bench trials in various jurisdictions, and as arbitration counsel in AAA, NASD and ICC proceedings. He has particular experience counseling clients on litigation strategies that effectively balance legal risk and business goals, and in leading internal investigations related to threatened or actual litigation.

Torsten is admitted to practice in New York, New Jersey, the District of Columbia, in multiple federal districts and circuit courts of appeal, and the Supreme Court of the United States.

• Managing commercial litigation dockets for a multi-national Fortune 50 and a multi-national Fortune 500.
• Defending Fortune 500 entities in federal antitrust matters, including cases involving allegations of monopolization and attempted monopolization in the utility industry; bundled discounting in the healthcare industry; price fixing and market allocation in the food and polyurethane industries and a unique case of exclusionary conduct in Mexico, which he argued before Mexico’s Antitrust Commission.
• Representing US and foreign clients in international arbitration, including representing a US Fortune 50 in a multi-billion arbitration against an Australian counterparty, which was presided over by the former Chief Justice of Australia’s Supreme Court.
• Defending clients in product liability and mass tort actions.
• Defending multinational clients in lawsuits alleging violation of biometric privacy laws.
• Developing and implementing litigation and trial strategy for entities litigating related issues simultaneously in multiple US and foreign jurisdictions.
• Leading the development, documentation and training of in-house lawyers on e-discovery and litigation protocols.
• Developing and implementing plaintiff-side and claims practices for corporate clients to aid law departments in generating revenue.
  
  • Obtained one of the largest RICO settlements ($297 million) on behalf of healthcare network and others against major US food distributor and its former foreign parent company.
  • Obtained $22 million settlement on behalf of class of healthcare providers and others in antitrust case against major global medical-device manufacturer.
  • Obtained multi-million dollar confidential settlement on behalf of military contractor against prime military contractor for theft of trade secrets and breach of teaming agreement.
• Developed cutting-edge and award-winning litigation trackers to follow and analyze litigation patterns in discrete areas of law relevant to commercial clients, including COVID-19, public nuisance and emerging technologies litigation.

• Named a Litigation Star, District of Columbia, Benchmark Litigation, 2024-2025
• Recognized as a Washington D.C. Litigation Trailblazer and Crisis Leadership Trailblazer by The National Law Journal, 2020
• Recognized,  Financial Times North America Innovative Lawyers Report, 2020, for development of automated data analysis and graphical display system that tracks COVID-19 related litigation trends

• Pro Bono General Counsel, Fulbright Association
• Member, Litigation, Antitrust, International and Intellectual Property Sections, American Bar Association
• Secretary, International Section, New York State Bar Association
• Chair of publications and chair of the editorial board, NYSBA International Law Practicum

Mr. Kracht is active in pro bono matters, including enforcing and defending the contract and intellectual property rights of visual artists (painters, photographers, sculptors) and supporting the development of international commercial arbitration. He also serves as a board member and general counsel of the Fulbright Association, a non profit entity supported by the U.S. State Department to advance the interests of the Fulbright Foreign Scholarship Program and its global alumni.