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

RICO: Party Who Signed Security Agreement on Promise Bank Wd Destroy It after Using It to Defraud Regulators Not Causally Harmed by Fraud on Regulators — Res Judicata (State Court Judgment for Bank) Bars RICO Claim vs Bank

Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real estate together. Their business relationship…
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Unsolicited Email to Lawyer Whose Website Doesn’t Encourage Submission of Confidential Info Doesn’t Create Prospective Client Relationship Warranting Disqualification — Efficacy of Screens — Good Quotes Anti-Disqualification

Mihuti v. Mid Am. Clinical Labs., LLC, 2019 U.S. Dist. LEXIS 207179 (S.D. Ind. Dec. 2, 2019): I. Introduction This matter is before the Court on Plaintiff Layla Christina Mihuti's motion to disqualify Defendant Mid America Clinical Laboratories, LLC (MACL)'s…
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Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only (Non-Controlling) Circuit Decision Is to Contrary — Loss on Summary Judgment ≠ Sanctionable

Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only Circuit to Decide Issue Came Out Other Way — Loss on Summary Judgment ≠ Sanctionable  Lewis v. Hiday & Ricke, P.A., …
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Disqualification: Ex-Govt. Lawyers & Rule 1.11 — Meaning of “Matter,” “Personal & Substantial Participation” (1.11(a)) — Rule 1.9(a) Ousted by Rule 1.11 — Govt. Filing Doc in Court Means It’s Not Confidential Govt. Info

Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to address Defendant's Motion to Disqualify Patrick Reavey as Plaintiff's Counsel (ECF …
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Sanctions: Vexatious Litigant Injunction Should Be Sought in District Court in First Instance — Circuit-Wide Filing Injunction OK If Multiple Courts, Claims Have Been Raised

Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring ("3M")1 in federal court alleging that an ankle-monitoring bracelet 3M manufactured was …
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Doubts Resolved in Favor of Disqualification But Movant’s Burden Is Heavy — Substantially Related = (1) Received Confidential Info Usable against Ex-Client Or (2) Facts of Old Representation Are Relevant to New

Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 All NJ 7, LLC's (the "business") (collectively, "Defendants") Motion to Disqualify …
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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

Archives
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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