Jay Auslander

Hailed by Bloomberg as one of the top global sovereign debt litigators, Jay Auslander has more than 35 years’ experience litigating complex and multi-jurisdictional cases—including labyrinthine multi-jurisdictional judgment enforcement matters—in forums including state and federal trial and appellate courts, the Senate Finance Committee, FINRA, JAMS, AAA, and ICC. Widely quoted by media including Bloomberg, Reuters, Bond Buyer, and Wall Street Journal, Jay is a recognized authority in the area of complex, international judgment enforcement. Jay’s clients include large public companies, leading institutional banks, private equity firms, hedge funds, investment banks, sovereign energy producers, private business entities, real estate developers and operators, foreign companies, and high-profile individuals. On behalf of clients, Jay has participated in precedent-setting cases that have changed the legal landscape. He has broad experience in Chile, Argentina, Brazil, Spain, Luxembourg, Indonesia, Singapore, Japan, Taiwan, China, and the United Kingdom.

Jay also regularly represents clients facing governmental and regulatory investigations, including corporations, broker-dealers, registered representatives, and high-profile financial professionals. He has successfully represented clients in connection with inquiries and investigations by the Attorney General of the State of New York, the Securities and Exchange Commission, FINRA, and the United States Senate Finance Committee.

Jay is renowned for his high-energy, innovative, and precedent-setting work 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.

Jay has been selected by his peers for inclusion in New York Super Lawyers since 2022.

• In the defense of one of the world’s largest financial institutions against claims that militant groups used its wire transfer facilities to clandestinely fund attacks on civilians, Jay took the client’s appeal to the Second Circuit under the Foreign Sovereign Immunities Act, litigating novel issues at the complex intersection of civil immunity for state-owned enterprises and federal anti-money laundering laws.
• Successfully defended a securities fraud class action alleging a drop in share price following claimed misrepresentations and omissions by the second-largest U.S. bitcoin miner by market capitalization.
• Filed, along with Natalie Shkolnik and Michael Van Riper, an amicus brief in a Second Circuit appeal involving critical issues of sovereign immunity. The brief urges the Court to extend immunity under the FSIA (Federal Sovereign Immunities Act) to cases involving post-filing changes in sovereign status. Bartlett et al. v. Société Générale de Banque au Liban, et al.
• 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.
• Jay 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.
• On behalf of a public biotechnology company in a multi-million-dollar federal action, obtained a favorable settlement as defense counsel. 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.
• Jay 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.

• "Is A "Book Of Business" Property For Purposes Of Judgment Enforcement?" (September 24, 2014)
• "New York Court of Appeals to Decide Breadth of "Separate Entity" Rule" (January 15, 2014)