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 15, 2024

Rule 11 Sanctions Reversed Under Demanding Plain Error Standard Where (1) Sanctions Motion Was Filed After the District Court Issued Its Decision, In Violation of Rule 11’s Safe Harbor (Rule 11(c)(2)) and (2) The District Court Failed to Describe The Offending Conduct And Furnish An Explanation for the Sanctions As Required by Rule 11(c)(6); (3) Good Quote: “Once an action is dismissed, a party may no longer move for sanctions under Rule 11”

Triantos v. Guaetta & Benson, LLC, 2024 U.S. App. LEXIS 2038, 91 F.4th 556 (1st Cir. 2024): After Deutsche Bank National Trust Company foreclosed on and sold his home, Nicholas Triantos sued various parties, including the law firm that represen ...
Triantos v. Guaetta & Benson, LLC, 2024 U.S. App. LEXIS 2038, 91 F.4th 556 (1st Cir. 2024): After Deutsche Bank National Trust Company foreclosed on and sold his home, Nicholas Triantos sued various parties, including the law firm that…
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(1) Sanctions for Nonexistent Case (Generated by Artificial Intelligence) Cited to Court of Appeals: Referral to Grievance Panel and Disclosure of Opinion to Foreign Client, Translated; (2) Second Circuit Mistakenly Relies on Rule 11, Which Does Not Apply in Courts of Appeal, Rather Than FRAP 38, Inherent Power of the Court or Other Applicable Sanctions Power; (3) Rule 37 and Rule 41(b) Dismissal Factors (2d Cir.); (4) Collecting Local Rules Pertaining to Use of Artificial Intelligence in Court Proceedings

Park v. Kim, 2024 U.S. App. LEXIS 1996, 91 F.4th 610 (2d Cir. 2024): Per Curiam: Plaintiff-Appellant Minhye Park appeals from the August 25, 2022, judgment of the United States District Court for the Eastern District of New York (Ch ...
Park v. Kim, 2024 U.S. App. LEXIS 1996, 91 F.4th 610 (2d Cir. 2024): Per Curiam: Plaintiff-Appellant Minhye Park appeals from the August 25, 2022, judgment of the United States District Court for the Eastern District of New York…
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Rule 41(b) Sanctions: Dismissal for Single Failure to Attend Pretrial Conference Reversed — Pattern of Contumacious Conduct, Consideration of Lesser Sanctions, Warning Or, At Least<A Record Showing Relevant Factors Weight Required

Vivaldi Servicios de Seguridad, Inc. v. Maiso Grp., 2024 U.S. App. LEXIS 3461, 2024 WL 615605 (1st Cir. Feb. 14, 2024): *1 May a district court dismiss a case for counsel’s unexcused failure to appear at the final pretrial confer ...
Vivaldi Servicios de Seguridad, Inc. v. Maiso Grp., 2024 U.S. App. LEXIS 3461, 2024 WL 615605 (1st Cir. Feb. 14, 2024): *1 May a district court dismiss a case for counsel’s unexcused failure to appear at the final pretrial…
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Pro Se Litigant Sanctioned $10,000 For Filing Brief (Prepared by a “Consultant”) Containing AI-Generated Fictitious Cases

Kruse v. Karlen, 2024 Mo. App. LEXIS 62 (Mo. Ct. App. Feb. 13, 2024): Opinion Introduction Jonathan R. Karlen ("Appellant") appeals from the trial court's grant of final summary judgment to Molly Kruse ("Respon ...
Kruse v. Karlen, 2024 Mo. App. LEXIS 62 (Mo. Ct. App. Feb. 13, 2024): Opinion Introduction Jonathan R. Karlen (“Appellant”) appeals from the trial court’s grant of final summary judgment to Molly Kruse (“Respondent”). Due to numerous fatal briefing deficiencies…
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Recent Articles

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

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

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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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