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

Removal Does Not Waive Personal Jurisdiction (PJ) Defense — Nor Does Pre-Complaint Discovery If Def. Can’t Raise PJ Then — While Court Must Consider Transfer under §1631 If No PJD & Alternate Forum ID’ed, Not So If Plaintiff Can Refile There

Danziger & De Llano, LLP v. Morgan Verkamp LLC, 2020 U.S. App. LEXIS 1382 (3d Cir. Jan. 15, 2020): Removal to federal court changes the field of play, but not the game being played. Two law firms, Danziger and Morgan …
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Photos of Texts Extracted Using Cellebright UFED = Admissions, Authenticated by Location on Sender & Recipient Phones, Accurate Identification of “Mom” on One, Contents (Remember Rule 902(14) in Federal Court)

State v. Panzeca, 2020-Ohio-326 (Ohio Ct. App. Feb. 3, 2020) : [*P1]  Appellant, Amy Lea Panzeca, appeals her conviction in the Warren County Court of Common Pleas after the trial court found her guilty of two counts of permitting drug…
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Sanctions: Relative Culpability Irrelevant — Default (1) Apt for Obstruction, (2) & 7th Amendment Jury Trial Right, (3) Factors — Sanctions Veil Piercing Must Meet Normal Requirements — If No Judgment Entered (& Needed), Appeal within 180 Days

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 3129 (6th Cir. Jan 28, 2020) (upublished) (Note:  see our Jan. 22, 2020, post for the opinion vacating certain sanctions on defense counsel): Colin Tennebar flouted court orders to …
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Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished): *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…
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No Contempt for Violating Settlement Agmt. (SA), But If SA Allows Court to Order Compliance, Contempt for Violating Order OK — Civil v. Crim Contempt (Factors): Line Can Blur in Complex Injn Cases — Fines as Compensatory

Parsons v. Ryan, 2020 U.S. App. LEXIS 2837 (9th Cir. Jan. 29, 2020): The consolidated appeals in this comeback case arise from a class-action by prisoners in the custody of the Arizona Department of Corrections (ADC) against senior ADC officials…
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Criminal Antitrust (Sherman): Federal Funds = Interstate Commerce — Bid-Rigging Implies Price Fixing — Reasonableness Irrelevant to Per Se Violation — Summary Chart Probative, Not 403 with Cautionary Instruction

United States v. Vega-Martinez, 2020 WL 502538 (1st Cir. Jan. 31, 2020): *1 The two appellants in this case are school-bus operators who contracted with the Caguas, Puerto Rico municipal school system to drive school children to and from school …
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Sanctions: Dismissal As Shotgun Pleading (Defined), Dismissal Factors (11th Circuit) — Must Give 1 Amendment — Dismissal for Disregarding Order ≠ Abuse of Discretion, Especially If Warned — Pro Se Must Comply with Rules (Liberal Construction)

Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations…
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Can’t Use Contempt to Decide First Impression Iss. — Contempt Factors — “Trifecta” Arg.: Wrong on Facts, Law, Policy (Good Quotes) — Bank Services ≠ Active Concert — Cross-Boarder Discovery: Factors — General Jurisdiction & Banks

Nike, Inc. v. Wu, 2020 U.S. Dist. LEXIS 9102 (S.D.N.Y. Jan. 17, 2020): ORDER DENYING NONPARTY BANKS MOTION FOR REIMBURSEMENT, DENYING ASSIGNEE'S MOTION TO HOLD BANKS IN CONTEMPT AND FOR A TURNOVER ORDER, AND DENYING WITHOUT PREJUDICE NONPARTY BANKS CONDITIONAL …
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Civil Disqualification vs. Criminal Ineffectiveness: Even If Cases Substantially Related & Disqualifying Confidential Information Learned in Substantially Related Past Case, Defendant Must Show It Created an Actual Conflict That Affected Representation

Harvey v. United States, 2020 U.S. App. LEXIS 1617 (6th Cir. Jan. 16, 2020) (unpublished): On the day his trial was scheduled to begin, Defendant Lamont Harvey pleaded guilty to one count of distribution of controlled substances in violation of …
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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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