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 37(c)(1) Sanctions: If Exclusion = Dismissal, Must Consider Lesser Sanctions — 37(b) + 37(c)(1) Factors — Meaning of Abuse of Discretion (10th Cir.); Court Must Explain Decision—If Fees Awarded after Appeal Noticed, Must Notice Again or Amend

HCG Platinum, LLC v. Preferred Prod. Placement Corp., 2017 U.S. App. LEXIS 20229 (10th Cir. Oct. 17, 2017): HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation ("PPPC") entered into a Manufacturer's Representative Agreement ("Marketing Agreement"), under which PPPC agreed…
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Evidence: That Testimony Is Self-Serving Is No Reason to Exclude It — Production of Emails by Adversary Authenticates Them for for Summary Judgment — A Declaration Stating How Doc Will Be Authenticated for Trial Sufficent on SJ

Johnson v. Cameron Int’l Corp., 2017 U.S. Dist. LEXIS 135794 (S.D. Tex. Aug. 24, 2017): Pending before the court are (1) plaintiff Cameron International Corporation's ("Cameron") motion for summary judgment (Dkt. 14), and (2) Cameron's objections to plaintiff Willie Johnson's…
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RICO Extraterritoriality: Injury to Tangible Property, Including Cash in Bank & Bearer Shares of Foreign Entity in Safety Deposit Box, Is Domestic If Located in US, Even If Plaintiff Lives Abroad — Theft of Shares vs. Decline in Value

Bascuñán v. Elsaca, 2017 U.S. App. LEXIS 21519 (2d Cir. Oct. 30, 2017): The question presented in this appeal is whether the plaintiffs have plausibly alleged "a domestic injury" to their business or property within the meaning of Section …
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Securities — Does LIFO or FIFO Apply in the Section 11 Traceability Context? — Since LIFO Is Used to Calculate Losses, Court Use It to Determine Traceability (First Impression)

In re LendingClub Secs. Litig.. 2017 U.S. Dist. LEXIS 174208 (N.D. Cal.  )ct. 20, 2017): ORDER RE CLASS CERTIFICATION INTRODUCTION In this PSLRA action, lead plaintiff moves for class certification and to enjoin a parallel state action. Class representatives…
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Avoidance of Rule 11 Sanctions by Withdrawing Complaint During Safe Harbor Period Does Not Insulate Party from Exceptional Case Fees under 35 U.S.C. § 285 (Patent Cases)

Rothschild Connected Devices Innovations, LLC v. Guardian Protection Servs., Inc., 2017 U.S. App. LEXIS 9876 (Fed. Cir. June 5, 2017): Appellant ADS Security, L.P. ("ADS") appeals the opinion and order of the U.S. District Court for the Eastern District of…
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Rule 37(c) Exclusion of Evidence Not Disclosed until SJ — If Exclusion = Dismissal, Willfulness Needed— Affidavit Based on Personal Knowledge “Or Believed to Be True” Based on Records & Discussions Does Not Create a Fact Questiion at SJ

BWP Media USA Inc. v. Urbanity, LLC, 2017 U.S. App. LEXIS 10784 (9th Cir. June 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-appellant BWP Media …
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§ 1927 Sanctions OK for “Objective Bad Faith” — Appellate Jurisdiction Exists for Dismissal without Prejudice Based on Arbitration Clause or Forum Non Conveniens Because It Is Final as to Federal Court, as Opposed to the Other Forum

Hunt v. Moore Bros., Inc., 2017 U.S. App. LEXIS 11607 (7th Cir. June 29, 2017): James Hunt worked as a truck driver in Nebraska. On July 1, 2010, he signed an Independent Contractor Operating Agreement with Moore Brothers, a small…
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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

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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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