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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.
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Spoliation — Adverse-Inference Standards — Sixth Circuit

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From Alexander v. Del Monte Corp., 2010 U.S. Dist. LEXIS 139465 (E.D. Mich. Jan. 11, 2011):

An adverse inference instruction is appropriate where a party knew that the evidence was relevant to some issue at trial and his culpable conduct resulted in its destruction. Beaven v. U.S. Dep't of Justice, 622 F.3d 540, 553 (6th Cir. 2010). The key is the alleged spoliator's mental state regarding any obligation to preserve evidence and the subsequent destruction. Id. The culpable state of mind factor is satisfied where evidence was destroyed negligently, even without intent to breach a duty to preserve it. Id. at 554. A party is obligated to preserve evidence that he should have known may be relevant to future litigation, but where there was no notice of pending litigation, destruction of evidence does not necessarily indicate intent. Id. at 553.

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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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