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

February 13, 2023

RICO § 1964(c): Where Federal and State Law Conflict, State Law Does Not Control in Determining Whether Plaintiff Suffered Injury to Business Or Property for RICO Purposes

Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023) *407 The question presented in this case is whether Appellants, a cannabis entrepreneur and two cannabis businesses, have standing to bring claims arising pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO),
Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023) *407 The question presented in this case is whether Appellants, a cannabis entrepreneur and two cannabis businesses, have standing to bring claims arising pursuant to the Racketeer Influenced and Corrupt Organizations …
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Rule 11 – Unequivocal Request to Withdraw Action Without Prejudice Within 21 Days of Motion Satisfies Safe Harbor, Even If Action Not Formally Dismissed Until After 21-Day Period Has Expired – No Requirement to Agree to Dismiss With Prejudice

Thompson v. Steinberg, 2023 U.S. App. LEXIS 1603 (2d Cir. Jan. 23, 2023) (unpublished): Key Takeaways: We generally review a decision resolving a motion for
Thompson v. Steinberg, 2023 U.S. App. LEXIS 1603 (2d Cir. Jan. 23, 2023) (unpublished): Key Takeaways: We generally review a decision resolving a motion for Rule 11 sanctions for abuse discretion. …. However, within that framework, we review de novo …
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Merely Not Following Through With Notice To File Rule 11 Motion Is An Insufficient Basis on Which to Conclude That The Threat Was Meritless — But It Is Some Evidence

Pocket Plus, LLC v. Pike Brands, LLC, 53 F.4th 425 (8th Cir. 2022): *1 Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court1 granted summary judgment to Running Buddy and awarded it a portion of its requested attorne ...
Pocket Plus, LLC v. Pike Brands, LLC, 53 F.4th 425 (8th Cir. 2022): *1 Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court1 granted summary judgment to Running…
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Spoliation – Rule 37(e) – Even If Document Retention Policy Violated, Additional Evidence of Bad Faith May Be Required for an Adverse Inference Instruction

Lear Corp. v. NHK Seating of Am. Inc., 2022 U.S. Dist. LEXIS 212542, 2022 WL 17176836 (E.D. Mich. Nov. 23, 2022): OPINION AND ORDER DENYING THE DEFENDANTS' [*2]  MOTION FOR SANCTIONS BASED ON LEAR'S SPOLIATION OF EVIDENCE [280]
Lear Corp. v. NHK Seating of Am. Inc., 2022 U.S. Dist. LEXIS 212542, 2022 WL 17176836 (E.D. Mich. Nov. 23, 2022): OPINION AND ORDER DENYING THE DEFENDANTS’ [*2]  MOTION FOR SANCTIONS BASED ON LEAR’S SPOLIATION OF EVIDENCE [280] Lear…
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Inherent Power: Does the Clear-and-Convincing Standard Apply to the Inherent Power to Sanction or Only to the Inherent Power to Vacate a Judgment for Fraud on the Court? — Only the Latter in the Sixth Circuit

Jaiyeola v. Toyota Motor N. Am., Inc., 2022 WL 18401018 (6th Cir. 2022) (unpublished): ORDER *1 Ganiyu Ayinla Jaiyeola, a pro se California resident, appeals the district court’s order denying his motion for sanctions against two defense attorneys. Jaiyeola has filed two motions asking this court take judicial notice that he is suing a third defe ...
Jaiyeola v. Toyota Motor N. Am., Inc., 2022 WL 18401018 (6th Cir. 2022) (unpublished): ORDER *1 Ganiyu Ayinla Jaiyeola, a pro se California resident, appeals the district court’s order denying his motion for sanctions against two defense attorneys. Jaiyeola has…
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Spoliation — “Intent” for purposes of Rule 37(e)(2) Is Satisfied If It Is Reasonable to Infer That the Alleged Spoliator Purposefully destroyed evidence to Avoid Its Litigation Obligations

Estate of Moreno v. Corr. Healthcare Cos., 2020 U.S. Dist. LEXIS 108370, 2020 WL 5740265 (E.D. Wash. June 1, 2020): ORDER GRANTING PLAINTIFFS'
Estate of Moreno v. Corr. Healthcare Cos., 2020 U.S. Dist. LEXIS 108370, 2020 WL 5740265 (E.D. Wash. June 1, 2020): ORDER GRANTING PLAINTIFFS’ RULE 37(e) MOTION FOR DEFAULT JUDGMENT BEFORE THE COURT is Plaintiffs’ Rule 37(e) Motion…
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Sixth Circuit Joins Seventh in Holding That The Inherent Power Sanctions May Be Imposed on Third-Party Non-Lawyer (Here, Ex-Lawyer) Engaged in The Unauthorized Practice of Law

United States v. Jones, 2023 U.S. App. LEXIS 3317 (6th Cir. Feb. 9, 2023) (unpublished): *1 Following a trial by jury, Defendant Elmer Jones appeals his conviction on four counts of possession with intent to distribute controlled substances in violation of
United States v. Jones, 2023 U.S. App. LEXIS 3317 (6th Cir. Feb. 9, 2023) (unpublished): *1 Following a trial by jury, Defendant Elmer Jones appeals his conviction on four counts of possession with intent to distribute controlled substances in violation…
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Recent Articles

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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