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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How Not to Authenticate Website Evidence

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From Cook v. J&J Snack Foods Corp., 2010 U.S. Dist. LEXIS 6905 (E.D. Cal. Jan. 27, 2010):

The website print outs at issue are attached to Nani Kim's declaration. *** In the first paragraph of her declaration, Kim states that she has personal knowledge of the contents of her declaration. *** However, Kim's declaration does not provide that she has personal knowledge of the website print outs that are attached to her declaration as exhibits. That is, she does not declare that she actually viewed the websites, when and how the pages were printed, or that the print outs accurately reflect the contents of the websites she viewed. While Plaintiff did not specifically raise the objection of authentication, personal knowledge is a necessary prerequisite. See Internet Specialties West, Inc. v. ISPWest, No. CV 05-3296 FMC AJWX, 2006 WL 4568796, at *2 (C.D. Cal. Sept. 19, 2006) (stating that "[t]o be authenticated, someone with [personal] knowledge of the accuracy of the contents of the internet printouts must testify."). "To authenticate printouts from a website, the proponent must present evidence from a witness with personal knowledge of the website at issue stating that the printout accurately reflects the contents of the website and the image of the page on the computer at which the printout was made." Toytrackerz LLC v. Koehler, No. 08-2297-GLR, 2009 WL 2591329, at *6 (D. Kan. Aug. 21, 2009). Since Kim's declaration does not demonstrate that she has personal knowledge of the website print outs, Plaintiff's objection to Exhibits J, L, M, N and O is sustained.

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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

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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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