Litigation

Wilk Auslander litigators bring deep trial, arbitration and mediation experience, business insight and aggressive advocacy to help our clients protect their assets and resolve disputes.  A successful trial practice is not only about winning in the courtroom; it is also about minimizing the business disruption, both short- and long-term.  It is about giving you frank advice and a clear view of your alternatives. And it is about providing these services with a keen eye on the budget and what makes financial sense.

We work with clients on a full range of litigation matters, from commercial disputes to regulatory enforcement and securities litigation.  Our judgment enforcement work is nationally recognized, with underlying judgments in excess of one billion dollars. We also have a historical track record in real estate-related litigation.

  • In a closely-followed case in the securities industry obtained a trial judgment in New York state court of $94 million against a large international bank on behalf of a hedge fund in a litigation involving credit default swaps.  The judgment was affirmed by New York’s Appellate Division, First Department, with interest increasing to $110 million.
  • In a hard-fought litigation in New York State court, we won significant victories on behalf of a government-owned energy company in both the trial and appellate courts. Before the trial court, we successfully opposed a motion to dismiss in an action brought by the company seeking a declaration that the bonds issued by it had expired. Our 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.
  • Obtained a trial verdict of $39 million in U.S. Bankruptcy Court on behalf of a Trustee and creditors involving a fraud claim in the jewelry industry.
  • Our 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, we 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, we 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.
  • Successfully represented a foreign government in the United States District Court for the Southern District of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court, and obtained dismissal of the case on the grounds that the government had sovereign immunity under the Foreign Sovereign Immunities Act.
  • Successfully represented a magazine publisher in a five-day trial in the United States District Court for the Western District of North Carolina, which resulted in a judgment that the magazine’s trademark was infringed by a manufacturer of pantyhose.
  • Represented the minority owners of the Tampa Bay Lightning NHL team in resolving issues arising from the sale of the team by the league to new investors.
  • Represented the 40/40 Club, a sports bar affiliated with the rapper Jay-Z, in copyright litigation arising from C.C. Sabathia’s 30th birthday party.
  • Defeated an attempt by a general partner of a real estate partnership owning a Manhattan office building to dilute the interests of limited partners through repeated capital calls.
  • Achieved a “no probable cause” finding at the EEOC level against claims of race discrimination and retaliation against a private manufacturer of sophisticated electronics.
  • Successfully negotiated, on behalf of a judgment creditor, a complex settlement agreement with judgment debtors, who sought bankruptcy protection as a result of our multifaceted enforcement of a multi-million-dollar judgment entered by a federal court.

Overview

Wilk Auslander litigators bring deep trial, arbitration and mediation experience, business insight and aggressive advocacy to help our clients protect their assets and resolve disputes.  A successful trial practice is not only about winning in the courtroom; it is also about minimizing the business disruption, both short- and long-term.  It is about giving you frank advice and a clear view of your alternatives. And it is about providing these services with a keen eye on the budget and what makes financial sense.

We work with clients on a full range of litigation matters, from commercial disputes to regulatory enforcement and securities litigation.  Our judgment enforcement work is nationally recognized, with underlying judgments in excess of one billion dollars. We also have a historical track record in real estate-related litigation.

Representative Matters

  • In a closely-followed case in the securities industry obtained a trial judgment in New York state court of $94 million against a large international bank on behalf of a hedge fund in a litigation involving credit default swaps.  The judgment was affirmed by New York’s Appellate Division, First Department, with interest increasing to $110 million.
  • In a hard-fought litigation in New York State court, we won significant victories on behalf of a government-owned energy company in both the trial and appellate courts. Before the trial court, we successfully opposed a motion to dismiss in an action brought by the company seeking a declaration that the bonds issued by it had expired. Our 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.
  • Obtained a trial verdict of $39 million in U.S. Bankruptcy Court on behalf of a Trustee and creditors involving a fraud claim in the jewelry industry.
  • Our 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, we 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, we 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.
  • Successfully represented a foreign government in the United States District Court for the Southern District of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court, and obtained dismissal of the case on the grounds that the government had sovereign immunity under the Foreign Sovereign Immunities Act.
  • Successfully represented a magazine publisher in a five-day trial in the United States District Court for the Western District of North Carolina, which resulted in a judgment that the magazine’s trademark was infringed by a manufacturer of pantyhose.
  • Represented the minority owners of the Tampa Bay Lightning NHL team in resolving issues arising from the sale of the team by the league to new investors.
  • Represented the 40/40 Club, a sports bar affiliated with the rapper Jay-Z, in copyright litigation arising from C.C. Sabathia’s 30th birthday party.
  • Defeated an attempt by a general partner of a real estate partnership owning a Manhattan office building to dilute the interests of limited partners through repeated capital calls.
  • Achieved a “no probable cause” finding at the EEOC level against claims of race discrimination and retaliation against a private manufacturer of sophisticated electronics.
  • Successfully negotiated, on behalf of a judgment creditor, a complex settlement agreement with judgment debtors, who sought bankruptcy protection as a result of our multifaceted enforcement of a multi-million-dollar judgment entered by a federal court.

Contacts

Jay S. Auslander
T +1 212 981 2338

Stuart M. Riback
T +1 212 981 2326

Alan D. Zuckerbrod
T +1 212 981-2314

Natalie Shkolnik
T +1 212 981 2294