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

Civil Contempt against Non-Party Immediately Appealable — “More Rigorous” Abuse of Discretion Review — Civil Contempt Factors — Compensatory Sanctions Vesting Securities in Injured Party Civil Where Offender Could Moot Them by Paying Jmt

Weston Capital Advisors, Inc. v. PT Bank Mutiara, TBK, 2018 WL 3098820 (2d Cir. June 25, 2018) (non-precedential): SUMMARY ORDER *1 Petitioner-Appellant Weston Capital Advisors, Inc., along with ten affiliated corporate Appellants (“the Weston entities”) and its principal, Appellant John…
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Summary Judgment Evidence: Party Facing Objection on Admissibility Need Only Explain Admissible Form Anticipated at Trial — SJ Opponent Must Present More Than Scintilla of Evidence to Establish Genuine Issue of Material Fact

Gonzalez v. Hospitality, 2018 U.S. Dist. LEXIS 112707 (M.D. Tenn. July 6, 2018): MEMORANDUM AND ORDER Aimbridge Hospitality, LLC d/b/a Embassy Suites has filed a Motion for Summary Judgment (Docket No. 12), to which Sandy Brito Gonzalez has filed…
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Rule 37(b)(2)(A) Sanctions Must Be (1) Just & (2) Specifically Related to Claim at Issue in Discovery — Court Can’t Create New Federal Law of Veil-Piercing But Can Preclude Claims/Draw Adverse Inference to Get There — If Rules Enough, No IHP

Clientron Corp. v. Devon IT, Inc., 2018 WL 3293212 (3d Cir. July 5, 2018):   *1 In this unusual case, Appellant Clientron Corp. is actually the prevailing party below and holds a judgment against Appellee Devon IT, Inc. worth over $7…
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Sanctions: §285 Exceptional Case Fees Awarded from Date of Rule 11 Safe Harbor Letter / Motion, Expert Costs Awarded under Inherent Power against Pro Se for Refusing to Hire Needed Counsel, Acting in Bad Faith

Xiaohua Huang v. Huawei Techs. Co., 2018 U.S. App. LEXIS 15571 (Fed. Cir. June 8, 2018): Per Curiam. Appellant Xiaohua Huang, proceeding pro se, appeals several rulings from the United States District Court for the Eastern District of Texas,…
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Sanctions: Does § 1927 Apply to Pro Se As One Admitted to Conduct Cases? (Inexplicable Circuit Split) — No R .11 for Mere Misapplication of Facts, Law: Even If an Argument is … Unpersuasive, That Doesn’t Mean It’s Frivolous-Good Quote

Ctr. for Individual Rights v. Chevaldina, 2018 U.S. Dist. LEXIS 89847 (S.D. Fla. May 30, 2018): This matter is before the Court on several discovery motions that are ripe for disposition. [D.E. 142, 152, 154, 155, 159, 164, 166,…
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RICO Fraud on 100% Owner of Corp. (Parent) Draining (Subsidiary) Corp. Shares of Value and Causing Owner to Sell at Reduced Price Produces Unrecoverable Derivative Damages — Does It Make Sense to Require Asset Sale to Preserve RICO Claim?

Uthe Tech. Corp. v. Aetrium Inc., 2018 WL 3215143 (N.D. Cal. July 2, 2018) (unpublished): MEMORANDUM* *1 This case concerns an appeal of an order granting summary judgment in favor of the Defendants in a civil action brought under the…
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Wayback Machine: Testimony from Internet Archive Office Manager As to How It Captures & Preserves Screenshots, & Comparing Exhibits to Images Known to Be Accurate = Sufficient Authentication (2d, 3d Cirs.)

United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018): Fabio Gasperini was convicted by a jury in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) of …
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DOJ-Drafted Agreement Preserves Attorney-Client Privilege for Info Voluntarily Disclosed to Government Per Rule 502(e) — Privilege (Judicial Proceedings) vs. Confidentiality (Extrajudicial Disclosure) — Waiver As to Third Parties?

United States v. Under Seal (In re Grand Jury 16-3817 (16-4)), 2018 U.S. App. LEXIS 17613 (4th Cir. June 27, 2018): Appellant corporation ("X Corp.")1 and the Government dispute whether a written agreement between them preserved X Corp.'s …
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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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