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, and in multiple federal districts and circuit courts of appeal.

Bar Admissions

Education
JD, Rutgers University School of Law, with Distinction and International Law Honors, 1998

United States Fulbright Scholar, Freie Universität Berlin, Law Faculty, 1995

BBA, Finance and Operations Management, University of Massachusetts Amherst, cum laude, 1993

• Counsel for aircraft leasing company in federal breach of contract and fraud case against major defense contractor.
• Counsel for various Fortune 500 entities in multiple pending 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.
• Counsel for foreign pharmacy automation manufacturer in patent infringement case in U.S. against foreign competitor.
• Counsel for foreign entity sued under the Alien Tort Claims Act and Torture Victims Protection Act.
• Counsel for foreign software developer in contract dispute with U.S. customer.
• Counsel in various pro bono matters relating to the visual arts, including enforcing and defending the contract and intellectual property rights of visual artists (painters, photographers, sculptors).

• Pro Bono General Counsel, Fulbright Association
• Member, Litigation, Antitrust, International and Intellectual Property Sections, American Bar Association
• Member, New York State Bar Association
• Member, International Section, New York State Bar Association
• Executive Board, Great Falls Citizens Association

• Mr. Kracht is the Chair of Publications and Chair of the Editorial Board of the International Law Practicum, published semi-annually by the New York State Bar Association
• Respondent not paying arbitration fees? Refusal may constitute waiver of right to arbitrate, Reuters Legal News
• Managing COVID-19 Risk in New Agreements, Law360
• States Writing Biometric-Capture Laws May Look To Illinois, Law360
• Topic Brief: Guarding Against Anticompetitive Pricing: Simple Steps to Protect Your Share of Recoveries from Suppliers Who Violate the Antitrust Laws, The Advisory Board Company
• International Law Practicum, NYSBA, vol. 31, no. 1
• Facing Privacy Suits About Facial Recognition, International Law Office – IT & Internet Newsletter
• Watch for the Expansion of BIPA Claims to New Use Cases and Jurisdictions, Pratt’s Privacy and Cybersecurity Law Report
• Recognition of Foreign Money Judgments in the United States with a Special Emphasis on the Recognition of Ukranian Judgments, International Law Practicum
• Spokeo’s Impact and More, Westlaw Journal
• Recent developments under BIPA: Examining Spokeo’s impact and more, Westlaw Journal Computer and Internet
• INSIGHT: Illinois Biometric Privacy Law Doesn’t Require Actual Injury—What’s Next?, Bloomberg Law
• What Kinds of Issues Are Being Litigated Related to the Metaverse and NFTs?, Law.com
• Joint Report of the International Commercial Disputes Committee and Committee on Arbitration of the Association of the Bar of the City of New York, New York City Bar
• INSIGHT: Ninth Circuit Facebook Ruling Adds Another Piece to BIPA Standing Chessboard, Bloomberg Law
• INSIGHT: Six Flags Fingerprint Privacy Case Puts Illinois Biometric Law to Test, Bloomberg Law
• Facebook pivots from facial recognition system following biometric privacy suit; more biometric privacy litigation on the horizon, Westlaw Today
• 2019 Retail Industry Year in Review
• 2020 Retail Industry Year in Review
• Hunton AI and Emerging Technologies Newsletter - Fall 2023
• Nine-figure verdicts: What is BIPA and why you should care, Reuters Legal News