Kathleen M. Kundar, a litigation partner of the firm, has handled business disputes relating to international transactions throughout her career. Much of her work has involved financial services products such as performance bonds, letters of credit, promissory notes, loans, factoring agreements and other instruments and business contracts.
She was a senior member of the firm’s trial team that obtained a judgment for US $374 million on surety bonds covering a construction project for Petrobas, the Brazilian oil company. As in that case, her work often presents letters rogatory, concurrent proceedings in the U.S. and foreign jurisdictions, procedural treaties and jurisdictional issues.
Ms. Kundar also works regularly on litigation involving issues of commercial fraud. Many of her cases have required obtaining pre-judgment attachment of assets, a procedure which often is available under New York law against foreign defendants and when used successfully gives the client a true remedy.
Another aspect of business in which she is involved is representing management in employment disputes and in day-to-day advice on discipline, discharge, downsizing, confidentiality, non-competition and other matters involved in the employer-employee relationship. Since her specialty is litigation, her advice to our employment clients is focused on what conduct leads to the courtroom and how the employer can avoid being there. But when a client has been sued on an employment matter, her defense of the client is determined and vigorous.