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

Greg Joseph

Even If Parties Share a Discovery Vendor, the Producing Party Bears the Burden of Ensuring That Its Directions to the Vendor Are Complete And Accurate — The Producing Party Must Certify Its Responses and Production under Rule 26(g)

Am. Consol. Indus., Inc. v. Blasingim, 2022 U.S. Dist. LEXIS 226203 (N.D. Ohio Dec. 15, 2022): Key Takeaways Rule 26(g)(1) requires, among other things, that every discovery response or objection “must be signed by at least one attorney of record.” …
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§ 1447(c) Sanctions: No Bad Faith Required; Abuse of Discretion Review — Evidence on Sanctions Motions: Rule 408 Does Not Bar Consideration of Settlement Discussions to Prove Bad Faith in Connection with a Sanctions Proceeding (Here, Relevant to Size of Sanctions Award) — Adequate Opportunity to Be Heard Afforded by Allowing Supplemental Briefing

Powell v. Healy, 2022 U.S. App. LEXIS 25776, 2022 WL 4181717 (9th Cir. Sept. 13, 2022) (unpublished): MEMORANDUM* *1 Plaintiff-Appellee Charlie A. Powell, a Tennessee hip hop artist manager, filed a breach of contract action in Tennessee state…
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“Sanctions Should Not Be Used Lightly, And Should Be Used As A Lethal Weapon Only Under Extreme Circumstances” (Good Quote) — Inherent Power to Dismiss for Violation of Court Order Or Rule of Procedure Should Be Confined to Instances of Bad Faith — Meaning of “Excusable Neglect” — Factors under Rule 60(b) (Relief from Final Judgment) — Involuntary Dismissals “Should Be Confined To Instances Of ‘Bad Faith — Dismissal Disfavored When Sanctionable Conduct Attributable to Counsel, Not Client

Razvi v. Dallas Fort Worth Int’l Airport, 2022 U.S. App. LEXIS 26058, 2022 WL 4298141 (5th Cir. Sept. 16, 2022) PER CURIAM:* *1 Meher Razvi appeals the district court’s dismissal of his case and denial of his motion…
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Purposes of Rule 37 Sanctions – Necessity District Court Set Forth Reasons – If Granted, Fees Are “Generally Mandatory” – Three Exceptions – 4 Ways An Appellant Can Abandon A Claim – Rule 69 Doesn’t Limite Post-Judgment Discovery to Federal, As Opposed to State, Discovery Mechanisms – Dismissal Without Prejudice After Statute Of Limitations Has Run Is Reviewed As If It Were With Prejudice

Ctr. for Individual Rights v. Chevaldina, 2022 U.S. App. LEXIS 26869, 2022 WL 4462246 (11th Cir. Sept. 26, 2022) (per curiam) PER CURIAM:   *1 Irina Chevaldina, proceeding pro se, appeals following the voluntary dismissal, without prejudice, of a…
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Rule 37 Sanctions — Default Judgment — Three Purposes of Rule 37 Sanctions — Oral Order Sufficient under Rule 37(b)(2)(A) — Consideration of Lesser Sanctions Need Not Explicit, Particularly If Misconduct Is Egregious — Recidivism Appropriately Considered

Anderson v. Credit One Bank, N.A. (In re Anderson), 641 B.R. 1 (Bankr. S.D.N.Y. 2022): Plaintiff Orin S. Anderson (“Plaintiff” or “Anderson”) brought this adversary proceeding for himself and as a putative class action to enforce his and the other …
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Rule 37 Sanctions — Default Judgment — Death Penalty Sanctions: 4 Factors: (1) Willfulness, Bad Faith Or Fault (e.g., Flouting Court Order), (2) Client, Not Counsel, Responsible, (3) Substantial Prejudice, (4) Lesser Sanctions Insufficient — For Non-Death Penalty Sanctions, Sanction Merely Need Be Just And Related to The Particular Claim at Issue — List of Sanctions in Rule 37 Is Not Exhaustive

Lara v. Power of Grace Trucking, LLC, 2022 U.S. Dist. LEXIS 18593, *1, 2022 WL 304982 (Feb. 2, 2022 (Report and Recommendation): BEFORE THE COURT is Plaintiffs Miguel Lara and Maria Estela Lara’s (collectively, “Compelling Plaintiffs”) Amended Motion for Sanctions…
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Rule 11 Sanctions — Appealability: Mere Criticism in Order Separately Imposing Sanctions Is Unappealable — Due Process Satisfied by Order Giving Clear Notice of Specific Conduct to Be Considered for Sanctions Even If Words “Show Cause” (Rule 11(c)(3)) Missing — Firm Appearing on Signature Page “Present[s]” Brief to Court (Unless Merely “Secondary” Counsel) — When Counsel Appears Unopposed, A Stricter Standard of Candor Applies — Mischaracterization of Submitted Document Sanctionable — Good Quotes: “Rule 11 Is Not A Strict Liability Provision” / “The Argument Is Like The Thirteenth Chime of A Clock: You Not Only Know It’s Wrong, But It Causes You to Wonder About Everything You Heard Before” / “Pursuit of Sanctions by a Court Can Alter Its More Customary Relationship with Counsel and Its Role As Neutral Decisionmaker”

 Ark. Teacher Ret. Sys. v. State St. Corp., 2022 U.S. App. LEXIS 3556 (1st Cir. Feb. 9, 2022) Lieff Cabraser Heimann & Bernstein LLP served as one of the principal law firms representing a class of investors in a very…
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Recent Articles

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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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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