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

Spoliation Motion Seeking Discovery- and Trial-Related Sanctions Mooted by Summary Judgment for Opponent — Adverse Inference Wouldn’t Help Survive SJ on Legal Grounds — Perfunctory Argument on Appeal Waived

Emery v. Talladega College, 2017 U.S. App. LEXIS 8557 (11th Cir. May 16, 2017): I. BACKGROUND Plaintiff Joshua Emery was a freshman at Defendant Talladega College in the fall of 2012. Defendants Billy C. Hawkins, Jacqueline W. Paddio, and Miguel…
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Inherent Power Sanctions: Bad Faith Personal to Offender (Partner v Firm)—Reckless-Plus or Willful Blindness OK—Out-of-State Non-Appearing Lawyer, Non-Lawyer Subject to Jurisdiction—Clear & Convincing Evidence—Standing—What Is Clearly Erroneous

JTR Enters., LLC v. Columbian Emeralds, 2017 U.S. App. LEXIS 11248 (11th Cir. June 23, 2017): JTR Enterprises, LLC ("JTR"), a company run by Jay Miscovich that was ostensibly engaged in treasure hunting, brought an admiralty action in the Southern …
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Email Authentication, Admissibility: 901(a) Satisfied by Showing Email Sent from Secret Account Known Only to Sender/Recipient & Contained Info Only They Knew — Use of Translator ≠ Hearsay Except Rarely (Nonexclusive Factors Given)

United States v. Zhu, 854 F.3d 247 (4th Cir. 2016): Kaixiang Zhu was convicted by a jury of conspiring to commit immigration fraud, see 18 U.S.C. § 371, and aiding and abetting fraud and misuse of immigration documents, see 18 …
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Attorney-Client Privilege: Communications between Attorney and 3d Party (Collection Agency) Hired by the Corporate Client Are Privileged Where 3d Party Was Specifically Hired to Find Counsel for Corporation & Is Thus Corporation’s Agent

Baylor v. Mitchell Rubenstein & Assocs., PC, 2017 U.S. App. LEXIS 9333 (D.C. Cir. May 30, 2017): In order to pursue a Master's degree in Computer Graphics, Demetra Baylor ("Appellant") took out six student loans. Several years after her graduation,…
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§ 1927 Sanctions OK for Repeatedly Asserting Non-Existent Facts on SJ — Taxing Costs: Video, Steno Records Serve Different Purposes, Both Allowed — Cost of Deps That Would’ve Been Needed If Case Tried OK Though Not Used on Successful SJ Motion

Maiteki v. Marten Transp., Ltd., 2017 U.S. App. LEXIS 5366 (10th Cir. Mar. 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this…
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Disqualification—(1) Order Granting or Denying a Motion to Disqualify Counsel in a Civil Case Is Not Immediately Appealable & (2) Party Lacks Standing to Disqualify Opponent’s Counsel Absent Showing That The Representation Harmed It

Two Decisions, Same Case, Two Years Apart: (1) Schneider v. Cnty. of Will, 2015 U.S. App. LEXIS 23265 (7th Cir. Jan. 22, 2015): IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction. Generally, an appeal may not…
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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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