BSCR Firm News/Blogs Feed

Wilk Auslander Attorneys Recognized by Super Lawyers

04 Nov 2025

Jay Auslander (Business Litigation), James Kennedy (Real Estate) and Scott Watnik (Business Litigation) have been included in the list of New York Super Lawyers for 2025.

Each year, no more than 5% of the lawyers in New York are selected by the research team at Super Lawyers to receive this honor.

Litigation at the Edge: Jay Auslander's Extreme Path to Global Enforcement

29 Sep 2025

"Impossible" or a Bad Excuse? The Uses and Abuses of International Sanctions as a Defense to Contractual Performance

11 Sep 2025

Wilk Auslander Offering Alternative Dispute Resolution Services

22 Jul 2025

Stuart M. Riback applies his experience as a federal judicial clerk and his more than forty years of experience as an advocate to assist parties in resolving their disputes outside the court system, through alternative dispute resolution: arbitration, mediation and early neutral evaluation.

Stuart serves as an arbitrator, and is listed on the Commercial Panel of the American Arbitration Association. He has experience as both a sole arbitrator and as a member of a three-person panel. Stuart also mediates disputes, helping businesses and individuals to resolve their claims with a settlement that both sides can accept, and that sometimes can yield business outcomes that a litigation cannot provide.

Because he has these skills, Stuart is also able to offer early neutral evaluation services, either to one side of a dispute or both. Because litigation is expensive and usually distracts clients from their main mission of running their businesses, it can be useful to obtain an evaluation of a case’s likely outcome early in the process, whether after pleadings, after a motion to dismiss, or after early stages of discovery. An evaluation can range from “you should settle this early to avoid disaster” or “I don’t know why the other side is fighting this,” to “you will need to get some discovery before any realistic evaluation is possible” or “this one is too difficult to call” – and much in between.

Stuart is available for ADR services throughout the country.

Supreme Court Holds Foreign Sovereign Immunities Act Means What It Says About Personal Jurisdiction

07 Jul 2025

Stuart Riback’s article about the Supreme Court’s recent ruling regarding the scope of jurisdiction under the Foreign Sovereign Immunities Act has been published in Business Law Today. It can be found here.

Is This Arbitrable? Recent Second Circuit Case Looks at Every Threshold Question

09 May 2025

UPDATE: FinCEN Removes Corporate Transparency Act's Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Individuals; Sets New Deadlines for Foreign Companies

08 Apr 2025

On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) published an Interim Final Rule (“IFR”) removing the requirement for U.S. companies and U.S. individuals to report Beneficial Ownership Information (“BOI”) to FinCEN under the Corporate Transparency Act.

Chiefly, FinCEN updated the definition of “Reporting Company” to refer to only those entities that are formed under foreign law and have registered to do business in the U.S. All entities created in the U.S and their beneficial owners will be exempt from BOI reporting. Foreign entities that meet the new definition of a “reporting company” and do not qualify for an exemption must report their BOI to FinCEN under the following new deadlines. Reporting companies registered to do business in the U.S. before the date of publication of the IFR, March 21, 2025, must file BOI reports no later than 30 days from that date: Sunday, April 20, 2025. Reporting companies registered to do business in the U.S. on or after the date of publication of the IFR have 30 calendar days to file an initial BOI report after receiving notice that their registration is effective.

We here at Wilk Auslander continually stay abreast of new developments and their applications in corporate law. If you would like to further discuss the CTA, please reach out to Stephen Albert at (212) 981-2320, salbert@wilkauslander.com, Jonathan Bender at (212) 981-2322, jbender@wilkauslander.com, Mark Clyman at (212) 981-2318, mclyman@wilkauslander.com, Jack Wilk at (212) 981-2333, jwilk@wilkauslander.com or Caitlyn Ford at (212) 981-2307, cford@wilkauslander.com.

At Wilk Auslander we advise businesses and entrepreneurs across a diverse spectrum of corporate and commercial dealings. Our clients range from startups to seasoned investors and small business to large multinational enterprises. We recognize the unique needs of each client, and craft innovative and cost-efficient strategies tailored to address their specific challenges and help them achieve their business objectives and corporate compliance while mitigating both immediate and long-term risks.

UPDATE: Suspension of Enforcement of Fines and Penalties in Connection with the Corporate Transparency Act's latest Reporting Deadline of March 21, 2025

10 Mar 2025

Following the establishing last month of its latest reporting deadline of March 21, 2025,the Financial Crimes Enforcement Network (“FinCEN”) has released a further statement, and the U.S. Treasury Department (of which FinCEN is a bureau) has issued a press release, stating it will not take any enforcement action to impose penalties or fines associated with the failure to file or update beneficial ownership information under the Corporate Transparency Act (the “CTA”) by the March 21, 2025 deadline. The Treasury Department will propose a new rule no later than the March deadline that will narrow the scope of the CTA’s reporting requirements to foreign reporting companies, and potentially non-U.S. citizen beneficial owners, only. The Treasury Department also stated in the press release it will not enforce any penalties or fines against U.S. citizens, domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect.

Subject to further updates from FinCEN and the Treasury Department, Reporting Companies that are U.S. entities with no foreign ownership may choose to suspend their preparation of beneficial owner reports at this time, given that no penalties or fines will be imposed for failure to file. Foreign entities, and domestic entities with foreign ownership, may wish to continue to prepare their reports and await the further guidance anticipated on or before March 21, 2025, before proceeding with filing.

UPDATE: Federal Court Lifts Injunction on Enforcement of Corporate Transparency Act – New Mandatory Reporting Deadline of March 21, 2025

20 Feb 2025

Following a series of reversals and reinstatements of injunctions over the last three months, the Corporate Transparency Act (the “CTA”) is back on again after a federal judge in Texas reversed the nationwide injunction he issued last month. As a result, the CTA’s reporting obligations are back in effect nationwide for all Reporting Companies. While further litigation is anticipated as parallel cases in Texas federal court and the Supreme Court (Smith v. United States Department of the Treasury, et. al. and Texas Top Cop Shop, Inc. v. McHenry) argue the constitutionality of the reporting requirements, and a bipartisan bill recently introduced in Congress proposes delaying reporting until the start of next year, the Financial Crimes Enforcement Network (“FinCEN”) have issued a statement establishing the new mandatory reporting deadline of March 21, 2025, which may be subject to further modification.

Given the continuing uncertainty of Reporting Companies’ obligations at this time, all entities subject to the CTA may wish to continue to prepare their FinCEN reporting materials in preparation for the March 21, 2025, deadline. All Reporting Companies should follow this matter closely as the future of the CTA remains uncertain and should be on the lookout for updates from the courts, FinCEN or subsequent reports from Wilk Auslander.

Reporting Companies can complete their BOI reports through the FinCEN portal here, or Wilk Auslander is happy to assist with filing.

Please see our previous reporting on the CTA here and here.

Wilk Auslander Files Amicus Brief in D.C. Court of Appeals

14 Feb 2025

On February 10, 2025, Scott Watnik and T. Jackson Brake filed an amicus brief in the United States Court of Appeals for the District of Columbia on behalf of fourteen former distinguished United States intelligence and military officials, relating to President Biden’s order blocking the merger between United States Steel Corporation and Nippon Steel Corporation, pursuant to Section 721 of the Defense Production Act of 1950 (50 U.S.C § 4565). Our amicus brief is in support of U.S. Steel’s and Nippon Steel’s petition, filed before the Court of Appeals on January 6, 2025, to vacate and enjoin President Biden’s blocking order. On behalf of the amici group, our brief argued that the President’s blocking order failed to follow the mandatory statutory requirements, including the requirements relating to the review process of The Committee on Foreign Investment in the United States (CFIUS). A copy of the amicus brief can be found here. The Court of Appeals has not yet issued its decision.