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

Party’s Social Media Account = 801(d)(2) Admission If Authenticated — Evidence That Account Holder Used Name Based on Party’s & Sent Messages to Party’s Friend, Plus Photos of Party on Page, Suffice

State v. Durr, 2020 Ariz. App. Unpub. LEXIS 127 (Ariz. Ct. App. Feb. 6, 2020) (unpublished):P1 Devar Antonio Durr appeals from his convictions and sentences for armed robbery, kidnapping, aggravated assault, and first-degree burglary. Durr contends that the superior court…
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While Statute of Limitations May Be Raised on 12(b)(6), Complaint Needn’t Plead Around It — Burden on Def. — Rule 3.7 Disqualification (Advocate-Witness) Generally Triggered by Jury — Issue Is Trial Taint, Necessity of Testimony — Rule Violation

Hirsch v. Rehs Galleries, 2020 U.S. Dist. LEXIS 32926 (S.D.N.Y. Feb. 26, 2020): Plaintiff Steven Hirsch ("Plaintiff") brings this action against Defendant Rehs Galleries, Inc. ("Defendant"), asserting claims under the Copyright Act, 17 U.S.C. § 101, et seq., including…
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RICO: Almost Unanimous Case Law Holds Concealment of Assets in Divorce ≠ Pattern of Racketeering — Single Scheme with Single Victim over Limited Time Insufficient — RICO = Lit. Equivalent of Thermonuclear Device (Recycling Good Quote)

Bachi-Reffitt v. Reffitt, 2020 U.S. App. LEXIS 3813 (6th Cir. Feb. 4, 2020) (unpublished): Kevin Reffitt and Dawn Bachi-Reffitt had been married for almost 20 years, and actively engaged in divorce proceedings for over a year, when they finalized their …
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Inherent Power Sanctions Require Specific Finding of Bad Faith Or Willful, Deliberate Disobedience of Court Order — Finding of Recklessness or Bad Faith Essential — Ignoring Court Order after Retention Ends, Without More, Does Not Suffice

Edwards v. Alameda-Contra Costa Transit Dist., 2020 WL 1131260 (9th Cir. Mar. 9, 2020) (unpublished): MEMORANDUM* *1 Appellant Darion Edwards appeals the district court’s imposition of sanctions against his attorney, Mr. Na’il Benjamin, pursuant to its inherent authority and 28 …
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Experts: District Court Must Apply Rule 702 and Daubert in Bench Trials — While Court Retains Latitude to Decide How to Do So, Must Choose among Reasonable Alternatives, Can’t Abandon Gatekeeping Function

UGI Sunbury LLC v. A Permanent Easement for 1.7575 Acres, 2020 U.S. App. LEXIS 4192 (3d Cir. Feb. 11, 2020): "An intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized…
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Waiver of Privilege/Work Product Reviewed for Abuse of Discretion — Per Curiam Opinion (PCO) with 3 Differing Opinions: Only PCO = Holding, Use The Marks Rule to Construe 3 Opinions — Law of the Case Doctrine & Mandate Rule (10th Cir.)

Harte v. Bd. of Comm'rs of the Cty. of Johnson, 940 F.3d 498 (10th Cir. 2019): Although we strive to ensure that the parties, the district courts, and the public understand our decisions, sometimes we falter. Plaintiffs previously appealed the…
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Copyrights: If Licensor Grants Licensee Unrestricted Right to Sublicense, Sublicense May Be Implied from Conduct Of Sublicensor & Sublicensee — Contracts: Covenants vs. Conditions & Effect of Violation on Use of License As Defense

Photographic Illustrators Corp. v. Orgill, Inc., 2020 U.S. App. LEXIS 8099 (1st Cir. Mar. 13, 2020): In this case of first impression in the circuit courts, we hold that a copyright licensee given the unrestricted right to grant sublicenses may …
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Recent Articles

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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