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 (IHP) / R. 37 Discovery Sanctions for False Dep., Hiding Facts: Precluding Claims, Equitable Relief & Defenses, Fees — Factors for IHP/R. 37 Sanctions — and for Reassigning Case to Different Judge on Remand

Beach Mart, Inc. v. L&L Wings, Inc., 2019 U.S. App. LEXIS 23134, 2019 WL 3493900 (4th Cir. Aug. 1, 2019) (unpublished): The heart of the parties' dispute in this case is the ownership status of a trademark, "WINGS," which…
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Experts/Daubert: “The Expert Feeling Comfortable, without More, Is Not a Sound Methodology under Daubert” (Good Quote) — “High Threshold” to Exclude Expert for Conflict or Bias — Complete Lack of Bias Not Required

Aigner El Ansari v. Graham, 2019 U.S. Dist. LEXIS 129997 (S.D.N.Y. Aug. 2, 2019): Defendants New York and Presbyterian Hospital ("Hospital") and Bridget Graham move to preclude testimony by Plaintiff Aigner El Ansari's expert, Dr. Yaakov Siegel. Dr. Siegel's report…
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Rule 11 Safe Harbor — It Is the Burden of the Party against Whom Sanctions Are Sought to Prove Non-Compliance with Safe Harbor, Not the Burden of Movant to Prove Compliance

Darnell v. Arthur, 2019 WL 3451649 (6th Cir. July 31, 2019) (unpublished): Plaintiff appeals the district court’s grant of summary judgment in defendants’ favor on her tortious-interference-with-business-relations and civil-conspiracy claims. Defendants cross appeal the district court’s refusal to impose Rule…
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Sanctions — Gov’t Counsel’s Secretly Reading Inmates’ Communications with Counsel, Even after Bar Ethics Counsel Advised Stopping and Alerting Court, Violates Inherent Power and §1927 — “When in Doubt, Ask the Court” (Good Quote)

Gomez v. Vernon, 255 F.3d 1118 (9th Cir. 2001) (Note: The 1992 adn 1994ABA opinions cited in this decision have since been replaced by Model Rule 4.4(b), which is reprinted after the citations and quotations of the 1992 and…
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Sanctions: Expert Exclusion — Scheduling Order Violation — When Only One Report Timely Submitted: “A Party Who … Put[s] All … Eggs in One Basket [Cannot] Complain When The Basket Proves Inadequate” (Good Quote)

González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such orders at their peril. This case, in which plaintiff-appellant Aglaed…
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FRAP 38 Sanctions Appropriate for Appeal “Brought without the Slightest Chance of Success” and Which “Thus Should Not Have Been Brought at All” (Good Quote)

Beter v. Murdoch, 2019 WL 2537524 (2d Cir. June 20, 2019) (unpublished):     SUMMARY ORDER   Plaintiff-Appellant Petra Beter, formerly a photographer for Michael Bloomberg’s first mayoral campaign, appeals from the judgment of the district court dismissing her lawsuit asserting various causes …
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§ 1782: Where Foreign Case Over, Fact Discovery May Permit Reopening Likely Not “For Use” — Foreign View Applicant’s Claims Totally Lack Merit Relevant to “Receptivity” — Can Magistrate Judge Decide 1782s? (See Dissent)

Khrapunov v. Prosyankin, 2019 U.S. App. LEXIS 22062 (9th Cir. July 24, 2019): 28 U.S.C. § 1782 authorizes, but does not require, federal district courts to assist in the production of evidence for use in a foreign or international tribunal.…
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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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