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Mitchell J. Auslander
Partner
MAIN OFFICE: New York Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, N.Y. 10019-6099, U.S.A. T 212-728-8201 F 212-728-9201
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Mitchell J. Auslander is Co-Chair of the Litigation Department of Willkie Farr & Gallagher LLP. He is also Chairman of the firm’s Insurance and Reinsurance Practice Group and a member of the Executive Committee. Mr. Auslander specializes in commercial litigation with particular emphasis on insurance and reinsurance matters worldwide, as well as government investigations.
Selected Professional and Business Activities
Chambers USA (2011) ranks Mr. Auslander among the leading individuals practicing in the area of Insurance in New York. Chambers has noted his "leadership skills and his ‘excellent strategic sense, which inspires confidence in clients.’"
He is a member of the Committee on the Judiciary of the Association of the Bar of the City of New York.
He is a member of the New York Department of Insurance Working group studying re-activation of the New York Insurance Exchange.
Selected Significant Matters
In re Insurance Brokerage Antitrust Litigation – Lead counsel in federal Multi-District litigation arising out of government investigations of insurance industry
Nationwide Policyholder Litigation – Lead counsel in cases brought throughout the United States alleging violations of federal and state law by insurance companies and brokers
Madoff litigation – Lead counsel in class action cases arising out of Madoff fraud
State Antitrust Investigations – Lead counsel in state investigations and civil litigation arising out of insurance practices
Consumer Product Investigation – Represent Fortune 500 Company in product promotion investigation
Finite Risk Reinsurance Investigation – Lead counsel in governmental investigation of finite risk reinsurance products
Student Loan Investigation – Lead counsel in governmental investigation arising out of student loan practices
Student Health Insurance Investigation – Lead counsel in governmental investigation arising out of student health insurance practices
Reinsurance Litigation – Lead counsel for reinsurance intermediary in trial of $400 million reinsurance dispute
Insurance Coverage Disputes
– Represent banks in subprime and Madoff-related coverage disputes
– Represent national bank in coverage disputes following two massive financial frauds
– Represent financial institution in massive insurance recovery for claims arising out of government investigations
– Represent major industrial company in breast implant insurance matters
– Represent various clients on D&O and E&O coverage disputes
– Represent various clients in coverage disputes arising out of bankruptcy proceedings
– Represent various clients in disputes arising out of natural disasters worldwide
– Represent insurance brokers in scores of insurance disputes
Selected Publications and Lectures
Litigation Avoidance and Prevention, Commercial Litigation in New York Courts (Robert L. Haig, 3d ed. 2010)
Practicing Law Institute – Insurance Coverage Issues in the Subprime Credit Context (New York, NY)
American Management Association – The Anatomy of a Directors & Officers (D&O) Class Action Securities Claim and Subprime Lending Exposures (New York, NY)
American Law Institute and American Bar Association – Conference on Insurance Industry and Financial Services Litigation (Chicago, IL)
American Bar Association – Antitrust Law Spring Meeting (Washington, DC)
The Directors Roundtable – The Evolving Role of General Counsel (New York, NY)
Teaches various Insurance and Litigation Practice Courses (New York, NY)
Education
1980, Rutgers University School of Law, J.D.
1977, New York University, B.A.
Bar Admissions
New York, 1981
Courts
- United States Court of Appeals, 2nd Circuit, 1988
- United States Court of Appeals, 3rd Circuit
- United States Court of Appeals, 9th Circuit
- United States Court of Appeals, 11th Circuit
- United States District Court, Eastern District of New York, 1981
- United States District Court, Southern District of New York, 1981
- United States Supreme Court