New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration
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Daubert & Class Certification

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The Ninth Circuit’s split opinion affirming certification in the class action against Wal-Mart alleging sex discrimination, Dukes v. Wal-Mart, Inc., 2007 U.S. App. LEXIS 2601 (9th Cir. Feb. 6 2007), contains a significant holding regarding the evidentiary standard governing experts who testify at the class certification stage. ‛[C]ourts need not apply the full Daubert ‘gatekeeper’ standard at the class certification stage. Rather, ‘a lower Daubert standard should be employed at this [class certification] stage of the proceedings.’“ Id. at *18. Query how consistent this is with, for example, the approach of the Second Circuit in In re Initial Pub. Offering Sec. Litig., 471 F.3d 24, 36 (2d Cir. 2006), which rejected an earlier Second Circuit decision’s suggestion that, on class certification, the trial court ‛was obliged[only] to determine only whether [the plaintiffs] had shown, based on [expert] methodology that was not fatally flawed, that the requirements of Rule 23 were met.‛ That earlier Second Circuit decision, In re Visa Check/ Mastermoney Antitrust Litig., 280 F.3d 124 (2d Cir. 2001), was a source relied on by the Wal-Mart majority.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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