For more than 25 years, Jay S. Auslander has worked at both the trial and appellate levels in jurisdictions throughout the U.S. on behalf of some of the largest public companies, as well as leading institutional banks, hedge funds, investment banks, private business entities, real estate developers and operators, and high-profile individuals. Jay is recognized for his precedent-setting work in judgment enforcement and distressed debt litigation.

Jay regularly advocates for both U.S. and global companies in a variety of complex commercial and securities litigation matters, including representation of investment banks in their capacities as underwriters of securities offerings in various class-action litigations. He frequently represents his clients in arbitration proceedings before FINRA, the London Court of International Arbitration, and the American Arbitration Association. Where appropriate, Jay represents and guides his clients through the mediation process, assisting them in obtaining advantageous business solutions while minimizing the risks and expense of protracted litigation.

Corporations, broker dealers, registered representatives, and high-profile financial professionals facing governmental and regulatory investigations have often turned to Jay for advice. He has successfully represented clients in connection with inquiries and investigations by the Attorney General of the State of New York, the SEC, FINRA, and the U.S. Senate Committee on Finance.

Jay has built a national reputation for his high-energy and innovative practice in complex, large-scale judgment enforcement and distressed debt litigation. Utilizing a sizeable network of investigators and local counsel, Jay implements and leads aggressive strategies that facilitate the enforcement of judgments and the favorable resolution of distressed debt litigation for clients in forums throughout the world.

  • In a hard-fought litigation in New York State court, Jay won significant victories on behalf of an Argentine energy company in both the trial and appellate courts. Before the trial court, Jay successfully opposed a motion to dismiss in an action brought by the company seeking a declaration that the bonds issued by it had expired. Jay's successful opposition to the motion to dismiss, subsequently affirmed by the appellate court, allowed the company to continue litigating its claim in the trial court.
  • Jay’s ground-breaking judgment enforcement strategy ultimately led to a landmark decision, in which the Appellate Division affirmed an order directing judgment debtors, headquartered in Singapore, Indonesia, and the Netherlands, to turn over assets wherever such assets are located. The oft-cited Gryphon decision has become a cornerstone of judgment enforcement and distressed debt litigation. Gryphon Domestic VI, LCC v. APP Int’l Finance Co., B.V., 41 A.D.3d 25, 836 N.Y.S.2d 4 (1st Dep’t 2007).
  • In a highly publicized dispute, Jay represented a leading boutique investment bank in an action alleging defamation and other torts against a former employee. Following a series of related complex regulatory inquiries and investigations, as well as arbitration before FINRA, Jay won a $10.7 million arbitration award — one of the largest-ever arbitration awards leveled against an individual, subsequently converted into a judgment exceeding $16 million.
  • In a federal court action brought on behalf of investment funds alleging securities law violations relating to loans made by the funds to a defendant public company, Jay successfully obtained denial of motions to dismiss by former officers of the defendant company. In denying the motions to dismiss, the court confirmed the viability of the group pleading doctrine.
  • Secured a favorable multi-million-dollar arbitration award rendered by the London Court of International Arbitration for an investment bank claiming a breach of a placement agent engagement agreement arising from the issuer’s failure to compensate the bank for investment services rendered.
  • Obtained a favorable settlement as defense counsel on behalf of a public biotechnology company in a multi-million-dollar federal action. The action was filed by more than a dozen hedge fund plaintiffs alleging breach of securities purchase agreements concerning the hedge funds’ anti-dilution and participation rights for future company offerings.
  • Achieved a favorable resolution for an investment bank in connection with inquiries and investigations by the U.S. Senate Committee on Finance, the SEC, FINRA, and the Attorney General of the State of New York.
  • Obtained a favorable settlement for a global investment and asset management company and its CEO in a suit for libel and slander against a local construction union.
  • Represented a major financial institution, in its capacity as an indenture trustee, in coordinating and instituting a global judgment enforcement strategy seeking to satisfy a judgment exceeding one billion dollars. The global enforcement strategy included instituting numerous proceedings in both the U.S. and Hong Kong.
  • Secured a favorable settlement on behalf of a global investment and asset management company against a former principal after engaging in comprehensive judgment enforcement proceedings. The settlement satisfied an outstanding multi-million-dollar judgment against the former principal.

Overview

For more than 25 years, Jay S. Auslander has worked at both the trial and appellate levels in jurisdictions throughout the U.S. on behalf of some of the largest public companies, as well as leading institutional banks, hedge funds, investment banks, private business entities, real estate developers and operators, and high-profile individuals. Jay is recognized for his precedent-setting work in judgment enforcement and distressed debt litigation.

Jay regularly advocates for both U.S. and global companies in a variety of complex commercial and securities litigation matters, including representation of investment banks in their capacities as underwriters of securities offerings in various class-action litigations. He frequently represents his clients in arbitration proceedings before FINRA, the London Court of International Arbitration, and the American Arbitration Association. Where appropriate, Jay represents and guides his clients through the mediation process, assisting them in obtaining advantageous business solutions while minimizing the risks and expense of protracted litigation.

Corporations, broker dealers, registered representatives, and high-profile financial professionals facing governmental and regulatory investigations have often turned to Jay for advice. He has successfully represented clients in connection with inquiries and investigations by the Attorney General of the State of New York, the SEC, FINRA, and the U.S. Senate Committee on Finance.

Jay has built a national reputation for his high-energy and innovative practice in complex, large-scale judgment enforcement and distressed debt litigation. Utilizing a sizeable network of investigators and local counsel, Jay implements and leads aggressive strategies that facilitate the enforcement of judgments and the favorable resolution of distressed debt litigation for clients in forums throughout the world.

Representative Matters

  • In a hard-fought litigation in New York State court, Jay won significant victories on behalf of an Argentine energy company in both the trial and appellate courts. Before the trial court, Jay successfully opposed a motion to dismiss in an action brought by the company seeking a declaration that the bonds issued by it had expired. Jay's successful opposition to the motion to dismiss, subsequently affirmed by the appellate court, allowed the company to continue litigating its claim in the trial court.
  • Jay’s ground-breaking judgment enforcement strategy ultimately led to a landmark decision, in which the Appellate Division affirmed an order directing judgment debtors, headquartered in Singapore, Indonesia, and the Netherlands, to turn over assets wherever such assets are located. The oft-cited Gryphon decision has become a cornerstone of judgment enforcement and distressed debt litigation. Gryphon Domestic VI, LCC v. APP Int’l Finance Co., B.V., 41 A.D.3d 25, 836 N.Y.S.2d 4 (1st Dep’t 2007).
  • In a highly publicized dispute, Jay represented a leading boutique investment bank in an action alleging defamation and other torts against a former employee. Following a series of related complex regulatory inquiries and investigations, as well as arbitration before FINRA, Jay won a $10.7 million arbitration award — one of the largest-ever arbitration awards leveled against an individual, subsequently converted into a judgment exceeding $16 million.
  • In a federal court action brought on behalf of investment funds alleging securities law violations relating to loans made by the funds to a defendant public company, Jay successfully obtained denial of motions to dismiss by former officers of the defendant company. In denying the motions to dismiss, the court confirmed the viability of the group pleading doctrine.
  • Secured a favorable multi-million-dollar arbitration award rendered by the London Court of International Arbitration for an investment bank claiming a breach of a placement agent engagement agreement arising from the issuer’s failure to compensate the bank for investment services rendered.
  • Obtained a favorable settlement as defense counsel on behalf of a public biotechnology company in a multi-million-dollar federal action. The action was filed by more than a dozen hedge fund plaintiffs alleging breach of securities purchase agreements concerning the hedge funds’ anti-dilution and participation rights for future company offerings.
  • Achieved a favorable resolution for an investment bank in connection with inquiries and investigations by the U.S. Senate Committee on Finance, the SEC, FINRA, and the Attorney General of the State of New York.
  • Obtained a favorable settlement for a global investment and asset management company and its CEO in a suit for libel and slander against a local construction union.
  • Represented a major financial institution, in its capacity as an indenture trustee, in coordinating and instituting a global judgment enforcement strategy seeking to satisfy a judgment exceeding one billion dollars. The global enforcement strategy included instituting numerous proceedings in both the U.S. and Hong Kong.
  • Secured a favorable settlement on behalf of a global investment and asset management company against a former principal after engaging in comprehensive judgment enforcement proceedings. The settlement satisfied an outstanding multi-million-dollar judgment against the former principal.