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

June 25, 2008

Lerner Article — What Goes Around Comes Around: Putting the “Civil” Back in Civil Litigation

Download associated file: Lerner Civility Article.pdf  Attached is an excellent article, What Goes Around Comes Around: Putting the "Civil" Back in Civil Litigation, by Jonathan J. Lerner, Esq., a senior partner at Skadden, Arps, Slate, Meagher & Flom, LLP, and on ...
Download associated file: Lerner Civility Article.pdf  Attached is an excellent article, What Goes Around Comes Around: Putting the “Civil” Back in Civil Litigation, by Jonathan J. Lerner, Esq., a senior partner at Skadden, Arps, Slate, Meagher & Flom, LLP,…
Continue Reading

Federal Arbitration Law — 2008 Developments

A new article, Arbitration 2008, has been posted on the recent articles page (http://www.josephny_live.com/articles/viewarticle.php?56). It analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitrati ...
A new article, Arbitration 2008, has been posted on the recent articles page (http://www.josephny_live.com/articles/viewarticle.php?56). It analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral…
Continue Reading

Arbitration 2008

Gregory P. Joseph* This article analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitration Association or other organization. Supreme Court Opinion ...
Gregory P. Joseph* This article analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitration Association or other organization. Supreme…
Continue Reading

Recent Articles

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Archives
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.

New York Office

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice