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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Grable — State Law Claims under Trust Indenture Incorporating Federal Statutes Supports Federal Jurisdiction

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After being served with notices of default under trust indentures pursuant to which it had issued securities, the issuer filed a state court declaratory judgment action. The Indentures incorporated the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939 (“TIA”). The bank removed, arguing that the resolution of the suit turned on the “purely federal question of whether the TIA requires an issue of public debt securities ... to provide SEC reports to the Trustee” (the issuer was delinquent in filing, working toward a restatement). The Court in Finisar Corp. v. U.S. Bank Trust N.A., 2007 U.S. Dist. LEXIS 93637 (N.D. Cal. Dec. 7, 2007) held that instruments’ incorporation of federal law, and the incorporated dispositive issue of federal law on which the case turned, sustained jurisdiction under Grable: The issuer’s “duty to provide documents to the Trustee arises under federal statutes and [the relevant section] of the Indentures is a mechanism to enforce the provisions of those statutes. Accordingly, determining the scope of [the issuer’s] duty requires the Court to examine and interpret federal law.”

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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

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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Rule 37(c)(1) Sanctions: Substantial Justification or Harmless Error (Ninth Circuit Factors) — Erie: When State Supreme Court Has Not Squarely Addressed an Issue, Circuit Must Predict How It Would Rule, Using Intermediate Appellate Decisions, Decisions from Other Jurisdictions, Statutes, Treatises And Restatements for Guidance

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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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