Scott Watnik

Scott is a nationally recognized litigator. His practice covers securities, shareholder, breach of contract, employment, and business tort litigation in federal and state courts nationwide. He also has significant experience handling SEC and regulatory investigations, cross-border discovery under 28 U.S.C. § 1782, and negotiating employment, non-compete, and severance agreements involving leading hedge funds and investment firms.  Scott’s client base is diverse, and includes hedge funds, financial institutions, investors, corporate boards, business owners and C-suite executives.

Scott consistently delivers results to clients in complex, high stakes matters.  For instance, Scott achieved a rare dismissal with prejudice of securities fraud claims exceeding $44 million. See Kohlberg v. Long Point Capital et al. (S.D.N.Y. 2022). As another example, he secured a $45+ million summary judgment victory in Cimontubo-Tubagens E Soldadura, LDA v. Petroleos De Venezuela, S.A., later affirmed by the U.S. Court of Appeals for the Second Circuit.  Behind closed doors, Scott has negotiated countless favorable settlements for business leaders, shareholders, and executives — often resolving disputes before litigation ensues. 

Scott’s practice has evolved over the years to include several cutting-edge matters of national prominence and institutional significance.  Examples include: 

• Currently serves as lead counsel to the plaintiff in Nix v. United States, a pending Fifth Amendment takings case involving the long-missing film of President John F. Kennedy’s assassination famously known as the “Nix Film.”  
• Represents petitioner in U.S. tax Court in the largest whistleblower claim ever filed under 26 U.S.C. § 7623(b), the federal statute that governs mandatory whistleblower awards. 
• Selected to prepare an amicus brief on behalf of over a dozen senior national security and military officials in United States Steel Corp. v. Committee on Foreign Investment in the United States, challenging President Biden’s order blocking the U.S. Steel–Nippon Steel merger. 
• Served as trial and appellate counsel in Franklin v. Herman Miller, Inc., the first Delaware Chancery trial concerning Del. G. Corp. L. §§ 204 and 205, the Delaware statutes concerning ratification of defective corporate acts.  
• Represented one of the world’s largest banks at trial in one of the very few securities fraud class actions to reach trial since the PSLRA was enacted.

Scott has been named to New York Super Lawyers for Business Litigation by his peers every year since 2016 and has been quoted for his legal insight in the New York Times, Reuters, Bloomberg, New York Law Journal, Delaware Business Insider, and the Times of Israel.  Prior to joining Wilk Auslander, Scott practiced at Cahill Gordon & Reindel LLP in its litigation group. A former captain of Columbia University’s men’s tennis team, Scott credits his competitive drive on the tennis court with shaping his success as a litigator.

• Represented, along with Jay Auslander, several European-based investment firms in connection with defending against claims for a multi-million dollar contingency fee filed by a leading U.S. plaintiff law firm. Prevailed on behalf of the clients in the United States District Court for the Southern District of New York and subsequently defeated the plaintiff’s appeal to the Second Circuit Court of Appeals. Milberg LLP v. Drawrah Limited et al., 844 Fed.Appx. 397 (2d Cir. 2021)
• Successful representation in connection with prosecuting and defending breach of contract claims in jurisdictions across the country on behalf of one of the nation’s leading electronics manufacturers. 
• Represented managing director of leading investment firm in New York State Court, Commercial Division in connection with defending claims for breach of fiduciary duty stemming from denial of a pre-suit litigation demand. Scott prepared a motion for summary judgment based on the Delaware business judgment rule, which was followed by the voluntary discontinuance of all claims filed against our client.   
• Represented one of the world’s leading private equity firms in connection with a non-party subpoena, vigorously opposed by the client, issued by the plaintiff in the action captioned Apex Tool Grp. LLC v. Cyderes LLC (W.D.N.C. 2024). Scott’s representation led to the voluntary withdrawal of the subpoena without the need for our client to commence any legal action.
• Won $19 million verdict in a private, six-week AAA arbitration on behalf of one of the nation’s leading credit card issuers in dispute over co-branding credit card contract with leading fitness club chains.
• Achieved favorable out-of-court resolution for a prominent broker in connection with inquiries and investigations by the SEC and the Attorney General of the State of New York.
• Together with a team of specialized attorneys, represented one of the world’s leading banks in non-public investigations and proceedings involving the DOJ, OFAC, PSI, and various state Attorneys General.
• Successfully argued, on behalf of a leading PR firm, a CPLR 3211(a)7) motion to dismiss in connection with a commercial trespass claim involving a warehouse in the SoHo neighborhood of New York City. Scott’s advocacy led to the with-prejudice dismissal of all claims against the client through the Court’s issuance of a precedent-setting decision under New York law holding that a trespass claim cannot lie as a matter of law when the alleged trespass results from subterfuge of a third party. Morgan Home Builders v. Mahy (N.Y. Sup. Ct., New York Cty., Index No. 656461/2018).
• Representation of celebrity artist and photographer against Lanham Act and unfair competition claims against one of the world’s leading fashion and luggage companies.
• Obtained with-prejudice dismissal of all claims filed against client and the removal of a lis pendens encumbering commercial realty owned by the client in a case in which the plaintiff sought to exercise an option for the purchase of the client’s realty. Through his advocacy, Scott demonstrated that the option was invalid and unenforceable under New York’s statute of frauds. LMEG Wireless LLC v. 237 42nd Street Corp. et al  (N.Y. King’s Cty., Case No. 507913/2019).  
• Secured discovery on behalf of client in Southern District of New York under 28 U.S.C. § 1782 for use in foreign proceeding pending in Brazil. Matter of Degens, 2020 WL 4252725 (S.D.N.Y. 2020)
• Secured discovery on behalf of client in the Southern District of New York under 28 U.S.C. § 1782 for use in foreign proceeding in Austria challenging corporate transaction. Cube Invest GmbH v. OEP Capital Advisors, L.P. (S.D.N.Y., 2019). 

• "New Delaware Chancery Court Ruling Enables Companies to "Ratify" "Defective" Corporate Acts", Business Law Today (March 15, 2023)
• "Delaware Supreme Court Overturns Itself in Holding That Stock Dilution Claims Are Solely Derivative" (October 6, 2021)
• "humanID: One Click Anonymous -- Podcast Legislation's Role in Cybersecurity" (July 23, 2020)
• "Your Corporate Client Made a Big Mistake-Delaware Law to the Rescue", Bloomberg Law (January 17, 2020)
• "Holidays Bring Hot Wishlist Gifts along with Cyber Criminals, Here's How Business and Consumers can Avoid Attacks", sdcexec.com (December 19, 2019)
• "Wilk Auslander LLP Obtains Precedent-Setting Decision in Trespass Case", The New York Law Journal (August 30, 2019)
• "What Lawyers Must Know Before Acting as Escrow Agents", Law360 (April 11, 2019)
• "Changes to Delaware General Corporate Law", Times of Israel (April 3, 2019)
• "Delaware's Chancery Once Again Makes a Bizarre Decision That Will Hurt Business", Times of Israel (April 2, 2019)