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

December 20, 2023

Arbitration: Party That Frustrates Arbitration by Failing to Comply with Designated Arbitral Forum’s Policies Is Subject to Suit in Court

Bedgood v. Wyndham Vacation Resorts, Inc., 2023 U.S. App. LEXIS 33600 (11th Cir. Dec. 19, 2023): This is an odd case. The lead defendant here, Wyndham Vacation Resorts—which, to distinguish it from other Wyndham-related entities, we'll ju ...
Bedgood v. Wyndham Vacation Resorts, Inc., 2023 U.S. App. LEXIS 33600 (11th Cir. Dec. 19, 2023): This is an odd case. The lead defendant here, Wyndham Vacation Resorts—which, to distinguish it from other Wyndham-related entities, we’ll just call “Resorts”—entered into …
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(1) Rule 37 Sanctions: Court’s Discretion Narrows As the Severity of the Sanction Increases; (2) Party Does Not Waive Personal Jurisdiction Defense by Moving to Set Aside Default

Hawkeye Gold, LLC v. China Nat'l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action ...
Hawkeye Gold, LLC v. China Nat’l Materials Indus. Imp. & Exp. Corp., 2023 U.S. App. LEXIS 33531 (8th Cir. Dec. 19, 2023) Appellant Hawkeye Gold, LLC, an Iowa-based seller of livestock feed, brought this action against China National Materials Industry…
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Good Cause Requirement of Fed. R. Civ. P. 16(b) to Modify Scheduling Order Applies to Deadlines in District Judge’s Individual Rules and Practices — Here, Untimely Challenge to Expert Testimony

Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Rar Entrepreneurial Fund, Ltd.. (In re Bernard L. Madoff Inv. Sec. LLC), 2023 U.S. App. LEXIS 33544 (2d Cir. Dec. 19, 2023): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGE ...
Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Rar Entrepreneurial Fund, Ltd.. (In re Bernard L. Madoff Inv. Sec. LLC), 2023 U.S. App. LEXIS 33544 (2d Cir. Dec. 19, 2023): UPON DUE CONSIDERATION, IT IS HEREBY …
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Recent Articles

Sanctions for “Exceptional” Patent Cases under 35 U.S.C. § 285 — Liability for Attorneys’ Fees Limited to Parties — Silence of Statute on Liability of Counsel, Unlike § 1927 and Rule 11, Precludes Award

Supreme Court — Federal Arbitration Act — Inherent Power May Be Controlled or Overridden by Statute or Rule — When the District Court Compels Arbitration, It Must Stay and Cannot Dismiss The Federal Action — “Shall Means Shall”

FRAP 38 Sanctions: An Appeal May Not Be “Wholly Without Merit” — And Therefore May Not Be Sanctionable — Even If Several of Appellant’s Arguments Are Frivolous; Soundness of Central Arguments May Dominate

Standing: An “Identifiable Trifle” Suffices — PSLRA/Rule 11: District Court Must Make Findings As to Compliance with Rule 11 Whether or Not Asked — Filing Securities Lawsuit to Obtain Immaterial Disclosures Presumptively Violative of Rule 11

FRAP 38 Sanctions for Frivolous Claims of Judicial Bias, Citing Non-Existent Cases/Sources, Inventing Quotes from Real Ones, And Exhibiting Inflammatory and Antagonistic Tone — Recusal: “Adverse Rulings Are Not Evidence of Bias” (Good Quote) — Critical Judicial Remarks Ordinarily Do Not Support A Claim of Bias — Circuit-Wide Filing Bar Until $5,000 Fine Paid

Court’s Inherent Power to Police the Conduct of Litigants and Attorneys Extends to Persons Engaged in the Unauthorized Practice of Law Before Them

(1) Inherent Power Sanctions — Duty to Correct or Withdraw — Strategic Silence As Bad Faith — Failure to Advise Court of Absence of Diversity Jurisdiction for 15 Months for Strategic Reasons, Only “Pull[ing] Out The Diversity-Destroying Card” After Losing = “A Textbook Example of Bad Faith” — (2) Under Goodyear, The Court’s Fundamental Job Is to Decide Whether Fees Would Have Been Incurred Absent the Sanctioned Conduct — (3) Appellate Review: While Sanctions Orders Are Reviewed for Abuse of Discretion, A Finding of Bad Faith Is Reviewed for Clear Error — (4) When There Are Two Permissible Views of The Evidence, The Factfinder’s Choice Between Them Cannot Be Clearly Erroneous — (5) “A District Court Is Not Required To Consider Irrelevant Evidence” — (Good Quotes)

Criminal Spoliation Can Be A Due Process Violation — Defendant Must Show That (1) The Evidence Had Exculpatory Value Before It Was Destroyed, (2) Defendant Is Unable to Obtain Comparable Evidence by Reasonable Means, and (3) Bad Faith Failure to Preserve

1) Rule 11 Sanctions: “No First Amendment Exception to a Rule 11 Violation” — “[T]he First Amendment Covers Novel, Nonfrivolous Arguments, But Many Frivolous Arguments Are Also Novel” (Good Quotes) — Frivolous To Continue To Make Rejected Novel Arguments; (2) FRAP 38 Sanctions: District Court In Best Position to Set Sanctions, Attorney’s Fees and Costs

3 Prerequisites for Inherent Power and § 1927 Sanctions in Second Circuit: (1) Bad Faith, (2) Conduct That Is Entirely Without Color [Thus, An Ill-Motivated Colorable Position Appears to Be Protected in the Second Circuit], and (3) Improper Purpose— “To Gain A Strategic Advantage” Is An Improper Purpose — Due Process Satisfied by Opponent’s Motion and Multiple Court Conferences, After Which Target Was Allowed to Submit Additional Letters

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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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