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

June 5, 2024

Rule 37 Sanction of Dismissal — Sixth Circuit Factors — Factors Applied More Stringently When Fault Lies with Counsel Rather Than Party — Bad Faith/Willfulness/Fault Satisfied by Delay or Contumacious Conduct — Failure to Comply with Discovery Requests or Court Order Versus Merely Dilatory Conduct — Time, Money and Effort to Obtain Legally-Required Cooperation = Prejudice — Dismissal May Be First and Only Sanction

D & R Servs., LLC v. Mesa Underwriters Specialty Ins. Co., 2024 WL 2830660 (6th Cir. June 4, 2024): *1 D & R Services, LLC and DD & KD Services, LLC1 brought this action against their insurer, Mesa Underwriters Specialty Insurance Company (“MUSIC”), after MUSIC allegedly failed to pay for wi ...
D & R Servs., LLC v. Mesa Underwriters Specialty Ins. Co., 2024 WL 2830660 (6th Cir. June 4, 2024): *1 D & R Services, LLC and DD & KD Services, LLC1 brought this action against their insurer, Mesa Underwriters…
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RICO Conspiracy: (1) Fourth Circuit’s 3-Part Test Requires Conspiring to Operate or Manage the Enterprise (Minority Rule Following Salinas) — (2) Conspirator Need Not Personally Commit Any Predicate Acts — Sufficient That S/he Agreed That One Member of the Conspiracy Commit At Least 2 Predicate Acts — Unnecessary to Identify Specific Racketeering Acts That The Defendant Agreed Would Be Committed — “The Object Of A Rico Conspiracy Is To Engage In Racketeering, Not To Commit Each Predicate Racketeering Act” — Necessary to Prove Only The Defendant Agreed to Pursue The Same Criminal Objective As the Enterprise — (4) Because A Racketeering Conspiracy Is Not Contingent On Specific Predicates, A Jury May Convict On A RICO Conspiracy Charge While Acquitting Defendant On Predicate Acts

United States v. Hunt, 99 F.4th 161 (4th Cir. 2024): This appeal arises from the prosecution of the “36th Street Bang Squad” (the “Bang Squad”), a gang that committed a string of murders, attempted murders, and assaults in 2015 and 2017. The United States charged seven of the gang’s members — Martin Hunt, Deshaun Richardson, Eric Nixon, Xavier Greene, Raymond Palmer, ...
United States v. Hunt, 99 F.4th 161 (4th Cir. 2024): This appeal arises from the prosecution of the “36th Street Bang Squad” (the “Bang Squad”), a gang that committed a string of murders, attempted murders, and assaults in 2015 and…
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Circuit Split — Derivative Actions — Third Circuit Joins Majority of Circuits in Holding That Dismissal Decisions on Grounds of Futility Are Subject to De Novo Review, Abandoning Abuse of Discretion — Relevant Factors in Deciding Whether De Novo or Deferential Review Is Appropriate

In re: Cognizant Tech. Solutions Corp. Derivative Litigation, 101 F.4th 250 (3d Cir. 2024) (en banc): We initiated en banc review of this case to consider what standard of appellate review ought to apply when a district court dismisses a shareholder derivative action for failure to plead demand futility under
In re: Cognizant Tech. Solutions Corp. Derivative Litigation, 101 F.4th 250 (3d Cir. 2024) (en banc): We initiated en banc review of this case to consider what standard of appellate review ought to apply when a district court dismisses a …
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Recent Articles

RICO: (1) Victim vs. Perpetrator Enterprises — (2) § 1962(b): Elements of a Violation — (3) Meaning of “Interest” and “Control” in § 1962(b) — (4) The Defendant in a § 1962(b) Action Need Not Be an Enterprise; The Victim Must Be An Enterprise — (5) Acquisition/Maintenance Injury Required (6) Aiding and Abetting Liability under RICO

Rule 11 Sanctions: Request for Bill of Particulars re Sanctions Proceeding Reviewed for Abuse of Discretion — Court’s Discretion Narrows As Severity of Sanction Increases OR When It Initiates the Sanction Proceeding Itself — Particularly Strict Abuse of Discretion Standard Applied — “Rule 11 Does Not License a District Court to Sanction Any Action by an Attorney or Party That It Disapproves of” (Good Quote) — Failure to Provide Identify Specific Pleading and Detail Specific, Objectionable Conduct within that Pleading Violates Due Process — Failure to Provide Notice That Most Severe Sanction May Be Imposed Violates Due Process — Failure to Provide Notice That “Scarlett Letter Sanction” (Mandatory Circulation of Sanctions Order) Or Other Sanction That Could Leave Indelible Imprint on Career Might Be Imposed Violates Due Process — Notice That Law Firm Might Be Sanctioned Insufficient to Afford Notice to Firm Lawyer and Managing Partner That He Might Be Sanctioned — Refusal to Impose Additional Sanction Until Impact of Other Imposed Penalties (Not Sanctions) Ascertained to See Whether Sanction Needed

Rule 37(c)(1) Sanctions: (1) Exclusion of Expert Testimony Reviewed for Abuse of Discretion Even When It Results in Summary Judgment — (2) Whether Physicians Must File 26(a)(2)(B) Report Depends on Whether They Formed Their Opinions for Litigation Or in the Course of Medical Treatment — (3) Party Seeking to Avoid Exclusion of Its Expert for Noncompliance with Rule 26 Bears Burden of Showing Harmlessness or Substantial Justification — (4) Expert Report Subject to Exclusion If It Is Conclusory and Does Not Meet the Level of Rigor Required by Rule 26(a)(2)(B)

RICO: The Statute Defines Enterprise Broadly, “But That Breadth Is Not Without Limit” (Good Quote) — Enterprise Inadequately Pled Where Plaintiffs Fail to Name the Common Purpose, Explain How the Relationships Among the Defendants Allowed Them to Advance That Purpose, Or Specify the Period of Time Sufficient to Achieve That Purpose — In a Particular Case, the Pattern of Racketeering May Be Sufficient to Infer the Existence of an Association-in-Fact Enterprise, But Pattern Does Not Necessarily Establish Enterprise — A RICO Conspiracy May Exist Regardless of Whether the Substantive RICO Violation Is Consummated, But the Substantive Violation Must Be Adequately Pled

RICO: (1) Claim Accrued When Plaintiff Suffered, and Was Aware of, Her Injury — Overt Retaliation in Her Employment As A Result of Reporting Another Employee’s Sexual Misconduct — Not When a Report Confirming that Misconduct Later Became Public; (2) Inhouse Lawyer’s Conclusion No Sexual Misconduct Occurred Is a Mere Expression of a Legal Conclusion, Not Deception Warranting SOL Reprieve Due to Equitable Tolling or Fraudulent Concealment — Plaintiff Exhibited Lack of Diligence in Failing to Consult Own Counsel or Challenge Inhouse Counsel’s Conclusion; (3) Causation: Plaintiff Must Prove Her Injuries Were Directly Caused by the Predicate Acts — (4) Concealment of Report Commissioned by Employer Directly Harmed Employer (by Exposing It to Liability) and Victims of Sexual Misconduct, and Only Indirectly Harmed Plaintiff Who Suffered Retaliation in Her Employment for Reporting the Misconduct

RICO: Without Injury to Business or Property, Injury Resulting from RICO Violation Is Not Actionable under RICO — Meaning of “Property” in § 1964(c) — Meaning of “Business” in § 1964(c) — Mere “Expectancy Interests” ≠ Business or Property — Loss of NCAA Eligibility = Loss of a Status, Not Loss of Property — Pecuniary Losses (Here, Attorney’s Fees) Flowing from a Non-Cognizable Injury Are Not Recoverably via RICO

RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

Severe Emotional Distress and Trauma ≠ RICO Injury — Parents’ Voluntary Financial Support of Adult Daughter Who Was Forced to Sign Over Her Annuity in Violation of RICO Not Proximately Caused by RICO Violation — Injury Is Derivative, Not Direct (Intimation of Different Result if Financial Support Required by Law) — RICO Injury Is Requirement for Statutory Standing (12(b)(6) Issue), Not Constitutional Standing (12(b)(1) Issue)

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

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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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