Kurt’s practice is focused on helping businesses of all sizes solve their complex labor and employment challenges. He counsels clients on all aspects of labor-management relations, including representation elections, collective bargaining, strikes and lockouts, and nontraditional union organizing. Kurt also litigates labor and employment disputes in federal and state trial and appellate courts across the country and before the NLRB. As part of his litigation practice, Kurt has represented many of the nation’s most influential trade associations in amicus curiae filings in labor cases of national significance.
Kurt has extensive experience advising employers facing corporate campaign activity from labor unions and other non-governmental organizations. He has helped employers to develop overall campaign management strategies as well as litigation responses to campaign activities, including civil RICO actions. Kurt’s practice also focuses on protecting employers from unfair competition, unauthorized disclosures of confidential information, and theft of trade secrets.
Kurt is a contributing author to the Hunton Employment & Labor Law Perspectives blog. Kurt also participates in a number of the firm’s pro bono programs and served as past co-chair of the firm’s Veterans Pro Bono Committee. He is active in the Wills for Heroes Program, preparing wills, powers of attorney and medical directives for Virginia first responders. Kurt also participates in the Lawyers Serving Warriors program, representing soldiers injured in Operation Iraqi Freedom in disability and medical retirement proceedings before military Medical and Physical Evaluation Boards.
Kurt is admitted to practice before the United States Supreme Court, the US Courts of Appeals for the Fourth and District of Columbia Circuits, the US District Courts for the District of New Jersey and the Eastern District of Virginia, the New Jersey and Virginia Supreme Courts, and the US Court of Appeals for the Armed Forces. After earning his law degree, Kurt served as an attorney in the US Army Judge Advocate General’s Corps and as a Special Assistant US Attorney. His military decorations include the Meritorious Service Medal, Army Commendation Medal, and Global War on Terrorism Service Medal.
- Advised clients in numerous union organizing campaigns, including under the NLRB’s new representation case procedures (the “ambush” election rules) and helped clients prepare advance strategies for responding to union organizing under the Board’s new rules.
- Negotiated numerous area master collective bargaining agreements around the country.
- Represented utility company in IBEW organizing campaign involving three nuclear power plants.
- Represented nation’s sole designer and builder of nuclear-powered vessels in landmark challenge to scope of President’s authority to make unilateral executive appointments under the Recess Appointments Clause of US Constitution. NLRB v. Enter. Leasing Co. Southeast, 722 F.3d 609 (4th Cir. 2013).
- Co-authored numerous amicus briefs in labor cases of national significance, including in the following cases: NLRB v. Noel Canning, 134 S.Ct. 2550 (2014); Browning-Ferris Industries of California v. NLRB, No. 16-1028 (D.C. Cir. Filed Jan. 20, 2016); Volkswagen Group of America, Inc., NLRB No. 10-RC-162530, Chattanooga, TN, April 13, 2016.
- Advised numerous national and international companies and trade groups facing union corporate campaigns and other non-traditional union organizing activity, including customer and product boycotts, public relations attacks and shareholder activism.
- Represented international companies in civil RICO actions against international labor unions and related defendants; litigation resulted in groundbreaking legal precedent relating to the use of racketeering laws to respond to union corporate campaigns. Sodexo, Inc. v. SEIU, Case 1:11-cv-276 (E.D.Va. 2011); Smithfield Foods v. UFCW, 585 F. Supp. 2d 789 (E.D. Va. 2008).
- Represented Fortune 500 company in defense of class action employment discrimination and sexual harassment case.
- Advised Fortune 500 company facing 26 concurrently filed unfair labor practice charges involving numerous bargaining units and collective bargaining agreements; obtained withdrawal, dismissal or deferral of 25 out of 26 charges.
- Won reversal of NLRB ruling that employee strike over retention of supervisory personnel was protected under the National Labor Relations Act; decision created new Fourth Circuit precedent relating to the scope of protected, concerted activity under the Act.
- Advised employers in the health care, financial, and manufacturing industries in both offensive and defensive trade secrets and unfair competition cases, and negotiated numerous executive employment and separation agreements.