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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Lawyer Serving as Expert Is Not Subject to Lawyer Conflict-of-Interest Rules

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The majority view is that a lawyer retained as an expert witness is not acting in a representational capacity and that therefore the attorney conflict-of-interest rules do not apply. See, e.g., ABA Committee on Ethics and Professional Responsibility, Formal Opinion 97-407 (1997); Nassau County (New York) Bar Opinion 2005-1 (April 6, 2005); D.C. Ethics Opinion 337 (February 2007); Millgard Corp. v. Gadsby Hannah, LLP, 2006 WL 1973410, at *3 (D. Mass. July 13, 2006); Televisa, S.A. de C.V. v. Univision Comm’cs, Inc., 2009 U.S. Dist. LEXIS 33689 (C.D. Cal. Apr. 2, 2009); Grioli v. Delta Int’l Machinery Corp., 2005 WL 2838130, at *13 (E.D.N.Y. Oct. 29, 2005). But see, e.g., Plumley v. Doug Mockett & Co., Inc., No. CV 04-2868 GHK, 2008 WL 5382269, at *3 (C.D. Cal. Dec. 22, 2008).

Experts may separately be disqualified irrespective of whether they are lawyers. See, e.g., Grioli v. Delta Int’l Machinery Corp., No. 03-CV-02845-ADS-JO, 2005 WL 2838130, at *13 (E.D.N.Y. Oct. 29, 2005) (applying a three-part test: “(1) was it objectively reasonable for the first party who retained the expert to conclude that a confidential relationship existed; (2) was any confidential or privileged information disclosed by the first party to the expert; and (3) does the public have an interest in allowing or not allowing the expert to testify”).

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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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