Mr. Auspitz is engaged in a commercial litigation practice with emphasis on securities, banking and other complex civil litigation. In that connection, he has litigated numerous private and class action securities and banking cases. He also represents clients in dealing with the Securities & Exchange Commission and other regulatory authorities and has been a court-appointed Special Counsel and Special Escrow Agent in various SEC cases. Mr. Auspitz is Co-Chair of Morrison & Foerster’s Securities Litigation and White-Collar Defense Practice Group.

Mr. Auspitz was born in Philadelphia, Pennsylvania, in 1942. He received his A.B. degree from Columbia in 1964 and his J.D., magna cum laude, in 1968 from Harvard Law School, where he was an editor of the Law Review. After clerking for the Hon. Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit and working at the New York firm of Paul, Weiss, Rifkind, Wharton & Garrison, Mr. Auspitz was a founding partner of Parker, Auspitz, Neesemann & Delehanty in New York. He became a partner in Morrison & Foerster when the two firms merged in 1987.

Mr. Auspitz has been Chair of the Commercial and Federal Litigation Section of the New York State Bar Association and a member of the House of Delegates of the New York State Bar Association. He is a member of the New York State Bar Association Committee on Professional Discipline and has served on a number of committees of the Association of the Bar of the City of New York, including the Federal Courts and Antitrust Committees. He has also served on the Discovery Oversight Committee for the Eastern District of New York, the New York Statewide Health Coordination Council, and the boards of directors of various non-profit organizations. He has also lectured for the Practising Law Institute, the SEC Institute II, the Directors Network and other groups on subjects ranging from the Rights of Minority Shareholders to Due Diligence to Trial Practice. He is co-author of, among other articles and book chapters, “Settling a Class Action”, in Settlement Agreements in Commercial Disputes (Aspen, 2000); “A Litigator’s View of Due Diligence” (PLI, annually); “Dealing with Damages: Private Actions for Securities Fraud” (PLI); and “Director & Officer Liability,” 4A Commercial Litigation in New York State Courts (2d Ed) (Haig Ed). Mr. Auspitz is listed in “The Best Lawyers in America ,” “ Chambers USA, America’s Leading Lawyers for Business ,” “ New York Super Lawyers ” and similar publications.

Jack Auspitz has represented the following, among others, in securities and banking litigation:

• Major insurance company in securities and other class actions relating to “contingent commissions.”
• Liaison counsel for more than 300 issuers and representing more than thirty issuers in the “IPO” securities class actions.
• Directors of Metromedia Fiber Networks in securities class action and other proceedings.
• Canadian Superior Energy Inc. in securities class action.
• Hong Kong Partnership, which is part of a “Big Four” accounting firm in commercial litigation.
• Executive of Eclipsys Corporation in securities class actions.
• Flextronics in securities class actions.
• Various companies in the South Africa class actions under the Alien Tort Claims Act.
• Razorfish in securities class actions filed in the wake of the decline in the stock prices of technology companies.
• NetEase, a Chinese internet portal, in class actions arising from a restatement of earnings.
• Executives in government investigations and class actions regarding alleged insider trading.
• Market Data Corporation, a technology and securities data supplier, in wide-ranging litigation with Cantor Fitzgerald L.P.
• BT Alex. Brown & Sons in a securities class action challenging the initial public offering of a securities technology company.
• Various banks in RESPA class actions regarding yield spread premiums.
• Various mutual funds and their directors in shareholder actions challenging the independence of directors who serve on the boards of more than one mutual fund.
• Various closed-end funds in connection with shareholder claims regarding “open-ending” and other matters.
• Bank of America in connection with both individual and class actions challenging acquisitions, emerging-nation debt disputes, and other matters.
• Merrill Lynch Pierce Fenner & Smith in defense of securities class actions involving initial public offerings and other matters.
• The Managers Funds in connection with securities class actions challenging the purchase of derivatives by the fund.
• Wells Fargo in a securities class action challenging purchases of derivatives for its funds.
• A large credit card issuer bank in connection with class actions challenging its collection practices.
• Various credit card companies in class actions challenging credit card late fees.
• Goldman Sachs & Co. in defense of securities actions and other matters.
• Various underwriters in connection with litigations relating to mergers and acquisitions.
• Special committees of the boards of directors of various companies in connection with mergers.
• The Audit Committee of a telecom company in an internal investigation.
• Executives and issuers in connection with SEC and criminal investigations of insider trading and other alleged violations of the securities laws.
• Litigation involving swaps and other derivatives.
• Officers, directors and significant shareholders in contests for control of public corporations.
• Professional investment advisors and other fund managers in actions involving investments in closely held corporations.
• Chief executive officer of ContiCommodity Services and Continental Grain Company in defense of class and individual actions in the “silver cases” (Commodity Act cases involving alleged attempts to corner the silver market).
• Special counsel appointed by the Court on motion of the SEC to investigate Medic Homes Inc., a publicly held company in the nursing home business.
• Special escrow agent appointed by the Court on motion of the SEC in connection with disgorgement of profits by certain brokers accused of insider trading.
• Witnesses in United States v. Edward Downe and SEC v. Edward Downe , criminal and civil enforcement actions.
• Robert L. Vesco in SEC enforcement proceedings.
• Chris-Craft Industries and directors of Becton Dickinson & Co. in early actions brought under the Williams Act.
• In addition, Mr. Auspitz has represented Columbia University, Princeton University, and others in class and individual actions.