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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Experts — Compelling Testimony from Unretained Experts — Five Factors

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In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015):

A. Power of Court to Compel Non-Retained Expert Witnesses

Whether to compel a non-retained expert witness to produce documents [*109]  or testify at a deposition is within the sound discretion of the District Court. See Fed. R. Civ. P. 45(d)(3)(C). A Court may do so upon a showing of a "substantial need for the testimony or material that cannot be otherwise met without undue hardship" and assurance "that the subpoenaed person will be reasonably compensated." Id.; see also Carter-Wallace, Inc. v. Otte, 474 F.2d 529, 536 (2d Cir. 1972) ("The weight of authority holds that, although it is not the usual practice, a court does have the power to subpoena an expert witness and ... require him [or her] to state whatever opinions he [or she] may have previously formed."). Courts generally consider the following five factors in determining whether to exercise such discretion:

   (1) "[T]he degree to which the expert is being called because of his knowledge of facts relevant to the case rather than in order to give opinion testimony"; (2) "the difference between testifying to a previously formed or expressed opinion and forming a new one"; (3) "the possibility that, for other reasons, the witness is a unique expert"; (4) "the extent to which the calling party is able to show the unlikelihood that any comparable witness will willingly testify"; and (5) "the degree to which the witness is able to show that he has been oppressed [*110]  by having continually to testify[.]"

Kaufman v. Edelstein, 539 F.2d 811, 822 (2d Cir. 1976).

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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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