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

Fee-Splitting Agreement Unenforceable for Lack of Client Consent Per Model Rule 1.5(e)(2) (Case law Split), But Quantum Meruit OK — “Defendants … Develop An Argument Grounded in Their Regret Rather Than on Terms of the … Agreement” (Good Quote)

Parker Waichman LLP v. Salas L/C, 2017 U.S. Dist. LEXIS 108823 (D.P.R. July 13, 2017): Before the Court is defendants John F. Nevares and Associates, P.S.C. ("Nevares")'s, Salas LC ("Salas")'s, and Eric J. Quetglas-Jordan d/b/a Quetglas Law Firm ("Quetglas")'s  motion…
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FRAP 39’s “Costs” Don’t Include Attorney’s Fees (F.R.Civ.P. 68 Distinguished) — Denial of “Costs” in Appellate Mandate Doesn’t Bar Award of Fees for Success on Appeal under Fee-Shifting Statute Defining Fees as “Costs”

Hines v. City of Albany, 2017 U.S. App. LEXIS 12042 (2d Cir. July 6, 2017): Constance and Marshay Hines appeal from an order of the United States District Court for the Northern District of New York (Suddaby, C.J.) denying their…
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Inherent Power Sanctions for Filing Notice of Dismissal Instead of Agreeing to Dismiss with Prejudice — Fact Plaintiff Had to Post Bond to Sue Put Lawyer on Notice of Potential Frivolousness — Bad Faith, Improper Purpose Interchangeable in 6th Circuit

U.S. ex rel. Tingley v. PNC Fin’l Servs. Grp., 2017 WL 3098178 (6th Cir. July 21, 2017): *1 Relator William Tingley, III repeatedly filed claims alleging varying theories of liability—including liability under the False Claims Act and Michigan’s Hazardous Waste…
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Sanctions — Finding of Professional Misconduct Appealable Even If No Sanction Imposed — Extrajudicial Conduct Sanctionable under Inherent Power — Rule 41(a)(1) Dismissal OK for Any Reason, Including to “Flee the Jurisdiction or the Judge”

Adams v. USAA Cas. Ins. Co., 2017 U.S. App. LEXIS 13369 (8th Cir. July 25, 2017): In this consolidated appeal, the appellants, attorneys for plaintiffs2 and defendants3 in a putative class action, appeal from the district court's orders (1) finding…
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Judicial Notice of Internet Evidence: Notice Taken on 12(b)(1) Motion of Records on Gov’t & University Websites, and Docs Obtained via FOIA, for Purpose of Showing the Info Was Publicly Available — Wayback Machine Results, Too

U.S. ex rel. Hong v. Newport Sensors, Inc., 2016 U.S. Dist. LEXIS 188295 (C.D. Cal. May 19, 2016): PROCEEDINGS: (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT AND DENYING AS MOOT DEFENDANTS' MOTION TO STRIKE (Doc. …
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§ 1927 Sanctions: Recklessness Alone Insufficient — Argument Not Frivolous If Issue Unresolved and Out-of-Circuit Precedent Supports It — Failure to Withdraw Claim & Opposing Dismissal Once Aware of Baselessness Is Sanctionable

Stone Creek, Inc. v Omnia Italian Design, Inc., 2017 U.S. App. LEXIS 12393 (9th Cir. July 11, 2017):   This appeal, set in the high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual:…
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Rule 36 Admissions — Judge “Implicitly” Allowed Withdrawal by Admitting Contrary Testimony: “To Order a New Trial on the Basis of a Technical Error Would Be to Arrogate Form over Substance, Wasting Everybody’s Time to No Purpose” (Good Quote)

The plaintiff, which for simplicity we'll call just Tate, sells ingredients used in the food and beverage industry. The defendant, Glatt, a member of a substantial German conglomerate called the Glatt group, sells processing equipment to the food industry. In…
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Equivocal Texts ≠ Statements against Penal Interest — Mere Possibility Witness Might Invoke Fifth ≠ Unavailability — Authentication of Texts by Evidence of Phone Ownership & Contents OK, But Double Hearsay, Cloudy Circumstances Insufficient

Cottmeyer v. State, 2017 Md. App. LEXIS 725 (Md. Ct. Spec. App. July 17, 2017): Appellant, Matthew Everett Cottmeyer, was charged in the Circuit Court for Somerset County, Maryland, with first degree burglary, conspiracy to commit first degree burglary, theft…
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Attorney-Client Privilege & Work Product: Mere Allegations, Bare Assertions Insufficient to Invoke Crime-Fraud Exception — What Is a Prima Facie Showing? — Client’s Current Law Firm May Appeal via Perlman

In re Grand Jury Subpoena, 2017 U.S. App. LEXIS 10690 (3d Cir. June 16, 2017): *   This disposition is not an opinion of the full court and pursuant to I.O.P. 5.7 does not constitute binding precedent. This case involves the…
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Recent Articles

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

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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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