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

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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Corporate Receiver’s Production of Documents from Corp. Authenticates Them — Emails Authenticated by Being Found on Computer of Defendant-Officer of Corp. — Court Disregards Boilerplate Evidentiary Objections on SJ, Can’t Fully Address All Others

FTC v. Kutzner, 2017 U.S. Dist. LEXIS 174299 (C.D. Cal. Sept. 5, 2017):  I. INTRODUCTION Pending before the Court are Plaintiff Federal Trade Commission's ("Plaintiff" or "FTC") Motion for Summary Judgment against Defendants Jeremy Foti ("Foti") and Charles Marshall…
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Arbitration — Equitable Tolling Applies to Motion to Vacate, Modify or Correct an Award under FAA § 12 — Evident Partiality: Standard; Not Shown by Dated, Attenuated or Insubstantial Ties

A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award…
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Rule 41 Dismissal for Failure to Prosecute — Spending Time & Money Pursuing Cooperation Plaintiff Was Obliged to Provide=Prejudice — No Need to Consider Lesser Sanctions If Clear Record of Delay

Migliori v. Microsoft Corp., 2017 U.S. App. LEXIS 20060 (6th Cir. Oct. 12, 2017): Joseph Migliori, an Ohio resident proceeding pro se, appeals the dismissal of his products-liability action for want of prosecution. This case has been referred to…
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Crime-Fraud Exception: To Get Opinion, But Not Fact, Work Product, Must Show Lawyer Knew of Misconduct — What Lawyer Remembers of Interview = Opinion WP, Even If No Notes — Questions Merely Lurking in Prior Case ≠ Precedent (Good Quote)

Grand Jury Subpoena v. United States, 870 F.3d 312 (4th Cir. 2017) (2-1 decision): PER CURIAM: This case arises from the district court's denial of a motion to quash grand jury subpoenas demanding testimony of a criminal defendant's attorney …
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

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 Property 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?

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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