Kathleen M. Kundar 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, guarantees 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 Petrobras, the Brazilian oil company. As in that case, her work often presents letters rogatory, concurrent proceedings in the U.S. and foreign jurisdictions, conflicts of laws, procedural treaties and jurisdictional issues.
Ms. Kundar also works regularly on litigation involving issues of fraud and fiduciary duty. 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.
Besides being in court, the work of Ms. Kundar includes cross border arbitration. Her experience in the arbitration field began with her position as an in-house lawyer for an international grain exporting firm and has continued as to disputes involving bulk commodities as well as other commercial disputes. She not only has handled prosecution and defense of claims before the arbitrators but has also appeared in court to compel arbitration, enforce arbitration awards and handle other proceedings ancillary to arbitration.
Another aspect of business in which Ms. Kundar 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.