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

Subject Matter & Personal Jurisdiction: Yelp, TripAdvisor Pages Set Up by Third Parties, Not Defendant, Thus Irrelevant to Minimum Contacts — Twitter: Following Resident of State (Sports Team) Not Enough: Where Does a Tweet Exist?

Blue Water Int’l, Inc. v. Hattrick’s Irish Sports Pub, LLC, 2017 WL 4182405 (M.D. Fla. Sept. 21, 2017): ORDER *1 Several “Hattrick’s” bars serve food and alcohol in the United States.1 Most market themselves as sports bars (in hockey …
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Recusal: Judge’s Twitter Account’s Following of US Atty’s Office Twitter Account Not Enough — Rule 60(d)(3): Not All Fraud Is Fraud on the Court — Standards — Must Be Post-Judgment; Here, Barred by Settlement of Unknown Claims

United States v. Sierra Pacific Indus., Inc., 2017 U.S. App. LEXIS 12528 (9th Cir. July 13, 2017): We are asked to decide whether certain allegations of fraud, some of which were known before the parties settled and some of which …
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Rule 37(b) Dismissal: Factors (5th Cir.) — Abuse of Discretion: Review More Rigorous for Substantial Sanctions — While Court Needn’t Incrementally Increase Sanctions to Dismissal, It Should at Least Consider Lesser Sanctions First

Oprex Surgery (Baytown), LP v. Sonic Auto. Empl. Welfare Ben. Plan, 2017 U.S. App. LEXIS 14811 (5th Cir. Aug. 10, 2017): *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and…
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Class Actions: Rule 23(f) Isn’t Jurisdictional — Motion for Reconsideration within 14 Days of Certification Order Tolls 23(f) Deadline — So Does Statement of Intent to File Motion (Circuit Split on This)

Lambert v. Nutraceutical Corp., 2017 U.S. App. LEXIS 17923 (9th Cir. Sept. 15, 2017): Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court's order granting or denying class certification. This case …
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Sanctions — Court Can’t Use Rule 60(a), Years after Judgment Entered, to “Clarify” That Sanctions against Lawyer Include Firm, to Reflect A New & Subsequent Intent — Only Doable under 60(b) within 1 Year

Le v. Humphrey, 2017 WL 3327797 (11th Cir. Aug. 4, 2017): *1 Following multiple unsuccessful efforts in federal and state court to enforce a monetary sanctions order, and over two years after that order was entered, Phuc Quang Le convinced …
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Sanctions — Striking Affirmative Defense Based on Fraudulent Evidence OK under Inherent Power, and Awarding Attorney’s Fees Incurred Due to Reliance on the Stricken Fraudulent Evidence on Summary Judgment OK under Rule 11

Edge Sys. LLC v. Aguila, 2017 U.S. App. LEXIS 17365 (Fed. Cir. Sept. 8, 2017): Rafael Newton Aguila appeals from the final judgement of the Southern District of Florida in a trademark and patent infringement suit filed by Edge Systems …
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RICO: Sub Operated by Holding Co. + Affiliate ≠ Enterprise But Unified Structure, Single Corp. Consciousness — No Evidence Subs’ Acts Outside Ordinary Course or Structure Set Up or Used to Further Racketeering

U1it4less, Inc. v. FedEx Corp., 2017 U.S. App. LEXIS 17990 (2d Cir. Sept. 18, 2017): U1IT4Less, Inc., d/b/a NYBikerGear ("BikerGear"), an internet retailer of motorcycle gear, accuses FedEx Corporation and its subsidiaries FedEx Corporate Services, Inc. and FedEx Ground Package…
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RICO: Corp. + Outside Counsel May = Enterprise; Emotional Distress ≠ Injury, But Time Value of Settlement Does — Jurisdiction: Merits of Complaint Must Be Sufficiently Substantial to Confer Fed. Jur. — Much Harsher Test Than 12(b)

Roppo v. Travelers Comm’l Ins. Co., 2017 U.S. App. LEXIS 16407 (7th Cir. Aug. 28, 2017): This dispute arises out of representation provided by Travelers Commercial Insurance Co. ("Travelers") to one of its insureds, Jeffery Block, following a motor vehicle…
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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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