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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RICO — Damage to Business or Property

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The four part standing test for a civil RICO claim under 18 U.S.C. § 1964(c) requires that (i) a person allege (ii) injury to (iii) business or property (iv) by reason of a violation of §1962(a), (b), (c) or (d). Therefore, if the plaintiff cannot allege injury to business or property, the plaintiff lacks standing to sue. It is well settled that personal injuries are not injuries to business or property. What about the loss of income attendant to a personal injury? Or damage to reputation, which can certainly affect business/property interests? No luck. Two recent cases:

—In re Vioxx Prods. Liab. Litig., 2007 U.S. Dist. LEXIS 78510 (E.D. La. Oct. 23, 2007) (‛[T]he phrase 'injured in his business or property' excludes personal injuries, including the pecuniary losses therefrom.“).

—Snitzer v. City of Chicago, 2007 U.S. Dist. LEXIS 60416 (N.D. Ill. Aug. 15, 2007) (injuries to reputation are not injuries to business or property within RICO).

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

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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

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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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