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.
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RICO / Sarbanes-Oxley — Federal Statute That Permits Only a Prevailing Plaintiff to Recover Attorney Fees Does Not Implicitly Bar a Defendant from Recovering Fees Authorized Elsewhere

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Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014):

Sarbanes-Oxley's fee provision states that "[a]n employee prevailing in any action under [the statute] shall be entitled to all relief necessary to make the employee whole," including "reasonable attorney fees." 18 U.S.C. § 1514A(c)(1)-(2). The statute is silent as to whether similar relief is available  [*7] for employers who successfully defend against an employee's Sarbanes-Oxley claim. We see no reason to construe this statutory silence as an implicit prohibition against awarding attorneys' fees to employers. Sarbanes-Oxley's fee provision requires courts to award fees to prevailing plaintiffs; it does not bar a defendant from recovering attorneys' fees that are authorized elsewhere. See Chang v. Chen, 95 F.3d 27, 28 (9th Cir. 1996) ("[T]his provision [of the Racketeer Influenced and Corrupt Organizations Act] permits only prevailing plaintiffs to recover attorneys' fees. Courts, however, have never construed this provision as precluding a prevailing defendant from recovering attorneys' fees when authorized elsewhere."); O'Ferral v. Trebol Motors Corp., 45 F.3d 561, 564 (1st Cir.1995) (rejecting the argument "that because RICO provides for an award of costs to plaintiffs, 18 U.S.C. § 1964(c), it implicitly bars costs for defendants even if elsewhere authorized").

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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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