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

Inherent Power Sanctions: Disbarment Appropriate for Intentional Dishonesty, Fraud, Deceit or Misrepresentation — Failure to Provide Requested Financial Info Justifies Court’s Not Exploring Lesser, Financial Sanctions

In re Ray, 2020 U.S. App. LEXIS 6710 (5th Cir. Mar. 3, 2020): Attorney Ryan Eugene Ray appeals his permanent disbarment from the U.S. District Court for the Northern District of Texas. The district court imposed this sanction after determining…
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Sanctions: Clearly Time-Barred Claim Violates Both R. 11 & §1927 — Appeals: Clock Starts When Claims & Sanctions Decided — Not Restarted by Motion for Fees on Fees — No FRAP 38 without Separate Motion

Faulkner v. Shelby Cty. Sch. Sys., 2020 U.S. App. LEXIS 8008 (6th Cir. Mar. 12, 2020) (unpublished): These appeals are less complicated than the caption implies. The Shelby County, Tennessee School System terminated its contract with Katoria Williams in December …
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Sanctions: Rule 11 Requires Substantiation, §1927 Bars Waste of Judicial Resources, Multiplication of Proceedings & Causing Unfair Delay, Inherent Power Bars Pursuing Claim to Harass — Persisting in Arg in Face of Contrary Reg & Case Law Violates All 3

Collar v. Abalux, Inc., 2020 U.S. App. LEXIS 9967, 2020 WL 1528072 (11th Cir. March 31, 2020) (unpublished): PER CURIAM: *1 K. David Kelly, an attorney, appeals a sanction against him and his law firm, J.H. Zidell, P.A., for…
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Procedural Due Process Requires Notice of Grounds For, And Potential Types Of, Sanctions — Abuse of Discretion to Impose Inherent Power Sanction Requiring Warning Paragraph On First Page Of Complaint Without Notice

Malem Med., Ltd. v. Theos Med. Sys., Inc., 2020 WL 1028062 (9th Cir. Mar. 3, 2020) (unpublished): MEMORANDUM** *1 Appellants Theos Medical Systems, Inc. and Saket Bhatia (collectively “Theos”) appeal the district court’s order requiring Theos to include a …
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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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Recent Articles

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

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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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