Commercial Litigation

Wilk Auslander’s fifteen business litigators help our clients achieve positive results in disputes arising from business relationships that have gone awry. We focus relentlessly on achieving our clients’ business objectives as quickly and painlessly as possible. As the result of our firm’s size, we have the flexibility and focus to help a wide range of businesses, from technology startups to major financial institutions and publicly traded companies. We regularly represent investment banks, private equity firms, publicly traded manufacturing and service companies, governments and government-owned public utilities, privately held businesses, and investors. We also have represented real estate owners and investors, hotels, and commercial tenants. Our clients include businesses and investors based in Europe, South America, South Africa, Canada, Israel, and Asia, as well as foreign governments.

Wilk Auslander’s trial lawyers assist our clients in courts throughout the United States and in international tribunals. We pride ourselves on finding ways for our clients to avoid disputes or to resolve them before they become contentious, and our litigators work closely with our firm’s transactional lawyers to devise structures that satisfy our clients’ business needs.

  • Successfully argued, before both trial and appellate courts, for dismissal of a nine-count complaint seeking millions of dollars in damages for the alleged breach of a partnership operating agreement. The appellate court affirmed the dismissal of the suit, holding that the plaintiff’s separation agreement barred the claims asserted against the defendant.
  • Secured summary judgment for several million dollars in favor of a large New York City bank against delinquent borrowers in a case that involved issues under the law of New York, Saudi Arabia, and Bahrain.
  • Argued a case before the United States Supreme Court that established the boundaries for trade dress protection under the Lanham Act.
  • 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.
  • Currently representing a Bankruptcy Trustee in investigating and bringing to trial in U.S. Bankruptcy Court a $40 million fraud in the jewelry industry.
  • Successfully defending a large industrial company at trial and obtaining a federal court ruling rejecting allegations that the company engaged in racial discrimination.
  • Successfully represented the minority owners of the Tampa Bay Lightning NHL team in disputes arising from the league-supervised sale of the team.
  • Represented the developer of Chelsea Market (Manhattan) in acquiring the debt, and subsequently the market property, through bankruptcy and foreclosure.  We later supervised the leasing of the property.
  • Represent an international energy company in litigation against a bondholder that attempted, unsuccessfully, to force the energy company into bankruptcy based on certain bonds issued by our clients.
  • Obtained a favorable settlement on behalf of a real estate management company in a dispute with a tenant concerning the operation of a boutique hotel in New York City.
  • Represented a limited partner seeking to protect its interests against a general partner and other parties attempting to force the dispossession of its interest in the partnership for far less than its fair value.  Successfully prevented the loss of the interest.

Overview

Wilk Auslander’s fifteen business litigators help our clients achieve positive results in disputes arising from business relationships that have gone awry. We focus relentlessly on achieving our clients’ business objectives as quickly and painlessly as possible. As the result of our firm’s size, we have the flexibility and focus to help a wide range of businesses, from technology startups to major financial institutions and publicly traded companies. We regularly represent investment banks, private equity firms, publicly traded manufacturing and service companies, governments and government-owned public utilities, privately held businesses, and investors. We also have represented real estate owners and investors, hotels, and commercial tenants. Our clients include businesses and investors based in Europe, South America, South Africa, Canada, Israel, and Asia, as well as foreign governments.

Wilk Auslander’s trial lawyers assist our clients in courts throughout the United States and in international tribunals. We pride ourselves on finding ways for our clients to avoid disputes or to resolve them before they become contentious, and our litigators work closely with our firm’s transactional lawyers to devise structures that satisfy our clients’ business needs.

Representative Matters

  • Successfully argued, before both trial and appellate courts, for dismissal of a nine-count complaint seeking millions of dollars in damages for the alleged breach of a partnership operating agreement. The appellate court affirmed the dismissal of the suit, holding that the plaintiff’s separation agreement barred the claims asserted against the defendant.
  • Secured summary judgment for several million dollars in favor of a large New York City bank against delinquent borrowers in a case that involved issues under the law of New York, Saudi Arabia, and Bahrain.
  • Argued a case before the United States Supreme Court that established the boundaries for trade dress protection under the Lanham Act.
  • 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.
  • Currently representing a Bankruptcy Trustee in investigating and bringing to trial in U.S. Bankruptcy Court a $40 million fraud in the jewelry industry.
  • Successfully defending a large industrial company at trial and obtaining a federal court ruling rejecting allegations that the company engaged in racial discrimination.
  • Successfully represented the minority owners of the Tampa Bay Lightning NHL team in disputes arising from the league-supervised sale of the team.
  • Represented the developer of Chelsea Market (Manhattan) in acquiring the debt, and subsequently the market property, through bankruptcy and foreclosure.  We later supervised the leasing of the property.
  • Represent an international energy company in litigation against a bondholder that attempted, unsuccessfully, to force the energy company into bankruptcy based on certain bonds issued by our clients.
  • Obtained a favorable settlement on behalf of a real estate management company in a dispute with a tenant concerning the operation of a boutique hotel in New York City.
  • Represented a limited partner seeking to protect its interests against a general partner and other parties attempting to force the dispossession of its interest in the partnership for far less than its fair value.  Successfully prevented the loss of the interest.

Contacts