Mitchell J. Auslander
Senior Counsel, Litigation
Mitchell J. Auslander is senior counsel in the Litigation Department. Mitch's commercial litigation practice focuses on insurance and reinsurance matters worldwide, and government investigations. His insurance practice is unique in that he represents policyholders, insurers, and brokers.
Mitch is recognized nationally for his litigation talents and his ability to resolve complex commercial disputes amicably. He is the author of the "Litigation Avoidance and Prevention" chapter of the highly acclaimed treatise Commercial Litigation in New York Courts (Robert L. Haig, 5th ed. 2010, Updated 2020) and has received many awards in recognition of his experience in the fields of commercial litigation and insurance. In March 2022, Mitch was appointed as an Appellate Division Special Master by the Supreme Court of the State of New York.
Experience
- Appointed as an Appellate Division Special Master by the Supreme Court of the State of New York (2022).
- Recipient of New York County Lawyers’ Association Conspicuous Service Award (2021).
- Who's Who Legal Thought Leaders: Insurance and Reinsurance (2020-2021).
- Chambers USA (2014-2023) – Ranked among the leading individuals practicing in the area of Insurance. Chambers has noted Mitch's "industry knowledge and contacts are really unbelievable" and that "his strategic abilities are off the chart."
- Benchmark Litigation (2014-2023) – Ranked as a "Litigation Star."
- Best Lawyers in America – Recognized for excellence in Commercial Litigation (2016-2023) and Insurance (2019-2023).
- American Lawyer Media/Martindale Hubbell's Top Rated Lawyers in Insurance Law – Received AV Preeminent® peer review rating (2013-2020).
- Expert Guides: Insurance and Reinsurance (2015-2020) – Recognized as a leading practitioner in the area of Insurance and Reinsurance and Litigation in the United States.
- International Who's Who of Insurance & Reinsurance Lawyers (2013-2020).
- BTI Client Service All-Stars (2016) – Recognized by corporate counsel for superior client service in the area of insurance.
- Corporate LiveWire Global Awards (2015) – Recognized for excellence in Commercial Litigation in Insurance & Risk Management.
- Expert Guides: Best of the Best USA (2015) – Recognized as one of the top 30 practitioners in the areas of Litigation and Insurance in the United States.
- Client Choice Awards (Lexology/ILO, 2013, 2014) – Honored for excellence in the area of Insurance. Mitch is praised for being a "superb and persuasive communicator" who "thinks very creatively to find out-of-the-box solutions."
- Client Choice Awards (Lexology/ILO, 2014) – Honored for excellence in the area of Litigation in the United States. Mitch is lauded for his "ability to see a range of desired outcomes during the early stages of even the most complex matters and deftly maneuvers the matter towards those objectives."
- ICFM Leading Lawyers 500 (2013) – Recognized as one of Intercontinental Finance Magazine's "top 500 lawyers in the world."
- Recipient of Boris Kostelanetz President's Award (2013) conferred by New York City Lawyer's Association.
- Chairman, Advisory Council, New York State Mentoring Program
- Chairman, Theatre Forward
- "Law Department Management," Successful Partnering Between Inside and Outside Counsel (co-authored with Lucy Fato) (Robert L. Haig editor-in-chief) (April 2019).
- "Litigation Avoidance and Prevention," Commercial Litigation in New York Courts (Robert L. Haig, 5th ed. 2010, Updated 2020).
- "Leading General Counsel Mull Over Mediation," Corporate Counsel (May 2017).
- International Institute for Conflict Prevention and Resolution – "Business Roundtable" (Coral Gables, FL).
- "FDIC Issues Advisory Statement Regarding D&O Insurance Policies, Exclusions and Indemnification For Civil Money Penalties," The Metropolitan Corporate Counsel.
- American Management Association – "The Anatomy of a Directors & Officers (D&O) Class Action Securities Claim and Subprime Lending Exposures" (New York, NY).
- Advisen, Casualty Insights Conference: "Coverage, Litigation Management, Negotiations, Law Update" (New York, NY).
- New York County Lawyers Association – "Advice from the Experts: Successful Strategies for Winning Commercial Cases in New York State Courts" (New York, NY).
- Marsh Inc., "Hot Topics in Excess Casualty" (New York, NY).
- Marsh Inc., "Managing Insurance Claims After Hurricane Sandy" (New York, NY).
- Teaches various Insurance and Litigation Practice courses (New York, NY).
- Opioids Coverage Litigation - Lead counsel for major insurer.
- New York State Department of Financial Services Investigation – Investigation into alleged violations of licensing laws.
- New York State Department of Financial Services Investigation – Investigation into alleged violations of multiple insurance laws and regulations over a thirty-year period.
- In re Insurance Brokerage Antitrust Litigation – Represented main defendant in defense of multidistrict 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.
- Deepwater Horizon Multidistrict Litigation
- Resolved major defendant's underlying liability arising out of oil spill.
- Resolved $200 million of insurance coverage amicably.
- Obtained summary judgment in excess of policy limits in litigated part of case.
- "Special Relationship" Litigation – Obtained a jury verdict for international insurance broker in U.S. District Court for the Southern District of Florida, in precedent-setting case involving "special" duties of insurance brokers.
- State Antitrust Investigations – Lead counsel in state investigations and civil litigation arising out of insurance practices.
- 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 in trial of $400 million reinsurance dispute.
- Insurance Coverage Disputes
- Insurance brokers in scores of insurance disputes involving virtually all lines of insurance.
- Insurance companies both as insurers and as policyholders seeking coverage for their own claims.
- Manufacturer of blow-out preventer in Deepwater Horizon coverage dispute.
- Financial institution in $500 million insurance recovery for claims arising out of government investigations.
- Banks and other professionals in subprime and Madoff-related coverage disputes.
- National bank in coverage disputes following two massive financial frauds.
- Various clients in directors and officers and professional liability and property coverage disputes, including claims arising out of mortgage industry meltdown and insider trading allegations.
- Various clients in disputes arising out of natural disasters worldwide.
- Various clients in major property damage and business interruption coverage disputes.
- Various clients in coverage disputes arising out of bankruptcy proceedings.
Credentials
Education
Rutgers University School of Law, J.D., 1980 New York University, B.A. (honors), 1977
Bar Admissions
Court Admissions
United States Court of Appeals, 2nd Circuit, 1988 United States Court of Appeals, 3rd Circuit, 2007 United States Court of Appeals, 6th Circuit United States Court of Appeals, 9th Circuit, 2009 United States District Court, Southern District of New York, 1981 United States District Court, Eastern District of New York, 1981 United States Supreme Court, 2012