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

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 July 2, 2018) (unpublished): MEMORANDUM* *1 This case concerns an appeal of an order granting summary judgment in favor of the Defendants in a civil action brought under the…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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Tax Returns: Discovery: Compelling Need — Rule 37(b)(2)(A) Sanctions: Adverse Inference for Disregarding Court Orders; No Warning Needed — R. 37(c)(1) Exclusion: SJ Affidavits from Wit. Not ID’ed in 26(a)(1) Disclosures (Mention at Dep. Insuff.)

Zheng v. Perfect Team Corp., 2018 WL 3133942 (2d Cir. June 26, 2018): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendants-Appellants Perfect Team Corporation doing business…
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R. 37, IHP, §1927 Sanctions: “Punishment Must Fit Crime” — Default Jmt. Factors (6th Cir.) — Meaning of Abuse of Discretion — Failure to Object to R&R Waives Review of DJ’s Adoption — Good Quotes on Playing by Rules, No New Args on Reply

Ecimos, LLC v. Nortek Global HVAC, LLC, 2018 WL 2459915 (6th Cir. June 1, 2018): At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings…
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Rule 41(b) Dismissal With Prejudice Requires Willful Conduct, Lesser Sanctions Inadequate — Without Prejudice Generally OK Because Party Can Re-File, Violation of Local Enough (Here, Non-Lawyer as Counsel)

Class v. United States Bank Nat'l Ass'n, 2018 U.S. App. LEXIS 12361 (11th Cir. May 9, 2018) (unpublished): Rodney Dale Class appeals the district court's sua sponte dismissal without prejudice of his pro se civil lawsuit, filed on behalf …
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Rule 37(c)(1) Sanctions — Court Should Exclude Critical Evidence Such As Expert Testimony Only on a Showing of Willful Deception or Flagrant Disregard of a Court Order

Lamb v. Montgomery Township, 2018 WL 2094513 (3d Cir. May 7, 2018): Debora Lamb appeals from the grant of summary judgment against her on her claims that Montgomery Township, Lawrence Gregan, and Kevin Costello (the “Defendants”) violated her rights under…
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Recent Articles

§ 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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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