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

September 2009

Electronic Discovery — Presumption against Production of Metadata vs. Specific Need

From Ojeda-Sanchez v. Bland Farms, LLC, 2009 U.S. Dist. LEXIS 66238 (S.D. Ga. July 31, 2009): Defendants do not object to the production of the information in their databases, just their metadata. *** Defendants rely upon Kentucky Speedway, LLC v. National Ass'n of Stock Car AutoRacing, Inc., 2006 WL 5097354 (E.D. Ky. ...
From Ojeda-Sanchez v. Bland Farms, LLC, 2009 U.S. Dist. LEXIS 66238 (S.D. Ga. July 31, 2009): Defendants do not object to the production of the information in their databases, just their metadata. *** Defendants rely upon Kentucky Speedway, LLC v.…
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In Multiparty Action, Supplemental Jurisdiction Retained over One Defendant as to Whom All Federal Claims Have Been Dismissed Where State Claims Are Related to the Federal Claims Against Other Defendants — PSLRA RICO Bar

From Armstrong v. Am. Pallet Leasing, Inc., 2009 U.S. Dist. LEXIS 77138 (N.D. Iowa Aug. 26, 2009): The court is confronted in this case with a myriad of claims brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), both the Securities Act of 1933 and the Securities Exchange Act of 1934, as well as several state law ...
From Armstrong v. Am. Pallet Leasing, Inc., 2009 U.S. Dist. LEXIS 77138 (N.D. Iowa Aug. 26, 2009): The court is confronted in this case with a myriad of claims brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), both…
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Inherent Power Sanction — Case Dismissed for Disclosing Document Produced Pursuant to “Attorneys’ Eyes Only” Agreement before Protective Order Entered — Irrelevant Whether the Document was Entitled to Protection Under Later-Entered Order

From Salmeron v. Enterprise Recovery Sys., Inc., 2009 U.S. App. LEXIS 19316 (7th Cir. Aug. 27, 2009): On June 24, defendants USA Funds, Sallie Mae, and ERS learned that a scanned copy of the confidential document containing the Guarantee Services Agreement between Sallie Mae and USA Funds had been posted on a website known as Wikileaks.or ...
From Salmeron v. Enterprise Recovery Sys., Inc., 2009 U.S. App. LEXIS 19316 (7th Cir. Aug. 27, 2009): On June 24, defendants USA Funds, Sallie Mae, and ERS learned that a scanned copy of the confidential document containing the Guarantee Services…
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Recent Articles

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

nherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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.

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