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

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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Rule 11, § 1927, Inherent Power Sanctions: $9,164,404.12 Fine ($6,983.42 per Case [Rand Study] x 1,250 Phony Suits + Cost of Special Master), Reprimand & Referral to Disciplinary Committee — Mere Mistake Not Sanctionable (Good Quotes)

In re Engle Cases, 2017 U.S. Dist. LEXIS 172678 (M.D. Fla. Oct. 18, 2017): OPINION AND ORDER Table of Contents Go to table1 WILLIAM G. YOUNG, TIMOTHY J. CORRIGAN, MARCIA MORALES HOWARD, and ROY B. DALTON, JR., DISTRICT JUDGES…
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Expert Reliance on Third-Party Website to ID Drugs—Cal. Equivalent to Fed. R. Evid. 803(17)—A Website Database Can Be a Reliable “Compilation”—Need It Be Log-In Only? Must Its Source of Info Be Shown to Be Accurate?

People v. Mooring, 2017 Cal. App. LEXIS 856  (Cal. Ct. App. Sept. 27, 2017): In 2011, law enforcement officers searched the home of Lanita Denise Davis and Darrell James Mooring, (Mooring, Sr.) and found over 4,000 prescription pills, many of…
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Fraud on the Court: Suit to Vacate Judgment Not Limited to Rule 60(b)’s 1 Year—Factors—Clear & Convincing Evid—Lawyer’s Higher Duty of Candor in Ex Parte Cases—Confidentiality Order No Excuse for Deception—Good Quotes on Lawyers’ Duties

In re Bressman (Baxter v. Bressman), 2017 U.S. App. LEXIS 20340 (3d Cir. Oct. 18, 2017): In this appeal we are asked to decide whether Max Folkenflik, Esq., committed fraud on the court. The Bankruptcy Court determined that Folkenflik had…
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Attorney-Client Privilege — After Party Testifies to Having Consulted Counsel to Show Good Faith, Failure to Waive Privilege and Disclose Advice Can Give Rise to Permissible Inference of Absence of Good Faith

Sec'y United States DOL v. Am. Future Sys., Inc., 2017 U.S. App. LEXIS 19991 (3d Cir. Oct. 13, 2017): I. INTRODUCTION We are asked to decide whether the Fair Labor Standards Act requires employers to compensate employees for breaks…
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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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