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

Joseph Hage Aaronson

Rule 41(b) Dismissal — Refusal to Respond to Court’s Ultimatum Either to Amend Complaint or Stand by Complaint = Failure to Prosecute, Is Properly Met with Dismissal

Simmonds v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 17230 (9th Cir. June 25, 2018) (unpublished): Amany Simmonds appeals from the district court's order dismissing for failure to prosecute her diversity action arising from foreclosure proceedings. We have…
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R. 16(f) / 37(b)(2)(C) Sanctions — Default Requires Willful Misconduct But Not Wrongful Intent — Aggravating Factors Must Outweigh Desire for Merits-Based Decns — Factors (10th Cir.) — Failing to Hire Counsel & Refusing to Appear Pro Se Is Enough

Derma Pen, LLC v. 4EverYoung Limited, 2018 WL 2684216 (10th Cir. June 5, 2018): *1 This case began as a dispute over trademark infringement and counterclaims for breach of contract. The district court detailed much of the procedural history below.…
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Rule 15(b)(2) Amendment of Complaint by Implied Consent: “Notice of a Claim Is Defendant’s Entitlement, Not Defendant’s Burden” — Can’t “Superimpose New (Untried) Theory on Evidence Introduced for Other Purposes” (Good Quotes)

In re Fustolo, 2018 U.S. App. LEXIS 19496 (1st Cir. July 16, 2018): Following trial on The Patriot Group, LLC's ("Patriot") adversary complaint requesting denial of the discharge in bankruptcy of Steven Fustolo's ("Fustolo") debt, the bankruptcy court allowed…
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Rule 37(c)(1) Sanctions: Failure to Disclose Corp. Officer Would Give Expert Testimony — Fact Adversary Knew He’d Testify Doesn’t Eliminate Prejudice — Rule 13(a): Counterclaim Is Compulsory Only If It Existed When Complaint Filed

Karum Holdings LLC v. Lowe's Cos., 2018 U.S. App. LEXIS 19269 (7th Cir. July 13, 2018): When Lowe's Companies, Inc. (Lowe's Inc.) expanded its retail home improvement stores into Mexico, Lowe's Companies Mexico, S. de R.L. de C.V. (Lowe's…
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Appellate Jurisdiction — Even Though Motion to Reconsider Tolls Time to Appeal Until It’s Decided, It Does Not Extend Time If Made & Resolved before Judgment Entered — No Penalty or Benefit from Prematurely Filing Post-Judgment Motion

Havensight Capital LLC v. Nike, Inc., 2018 U.S. App. LEXIS 15367 (9th Cir. June 7, 2018): This appeal is the latest in an ongoing and bizarre dispute between Havensight Capital LLC (Havensight) and Nike, Inc. (Nike). Throughout these proceedings, …
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Judicial Notice of Internet Evidence — Court Can Take Judicial Notice of the Fact That Search Engines Index Web Content and Dynamically Return Relevant Search Results in Response to User-Entered Search Terms

Carter v. Oath Holdings, Inc., 2018 U.S. Dist. LEXIS 104510, 2018 WL 3067985 (N.D. Cal. June 21, 2018): Plaintiff Brian K. Carter brings this trademark infringement action against Defendant Oath Holdings, Inc. Compl., ECF 1-1. Defendant filed a motion…
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§1782: Sworn Statement of Intent to File Foreign Criminal Complaint Satisfies “Foreign Tribunal” Requirement, Ability to Inject Evidence = “For Use” & Makes Movant Interested Party, As Does Circumscribed Ability to Appeal

In re Furstenberg Fin. SAS & Marc Bataillon, 2018 U.S. Dist. LEXIS 116391 (S.D.N.Y. July 12, 2018): Furstenberg Finance SAS and Marc Bataillon (together, the "petitioners") have applied, pursuant to 28 U.S.C. § 1782, for an order for…
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While Court Has Jurisdiction under §1782 over Counsel in District Holding Docs/Discovery of Foreign Client, It Is Abuse of Discretion to Order Production — Would Undermine Client/Counsel Confidentiality — Importance of Protective Orders

Kiobel v. Cravath, 2018 U.S. App. LEXIS 18755 (2d Cir. July 10 2018): Petitioner-Appellee Esther Kiobel filed a petition in the United States District Court for the Southern District of New York to subpoena documents under 28 U.S.C. § …
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Recent Articles

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 Propoerty 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

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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