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

Disqualification in Federal Court Is Decided under Ethics Rules of State in Which Court Sits (Rule 1.9), Not under a Federal Standard — What Is “Substantially Related” — Implications of Passage of Time — Court May Rely on Commentary to Rules

Watkins v. Trans Union, LLC, 2017 U.S. App. LEXIS 16016 (7th Cir. Aug. 22, 2017): Plaintiff Richard Watkins has sued Trans Union for violating the Fair Credit Reporting Act. The merits of his claims are not the subject of this …
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RICO “Nexus” Element — Needed Relationship among Defendant, D’s Involvement in Enterprise’s Affairs and Pattern — Same in Civil, Criminal Cases — Racketeering Must Be One Means by Which Defendant Participates in Enterprise’s Affairs

United States v. Ferriero, 2017 U.S. App. LEXIS 14358 (3d Cir. Aug. 4, 2017): Joseph A. Ferriero appeals his judgments of conviction, forfeiture, and sentence based on violations of the Travel Act, 18 U.S.C. § 1952, the Racketeer Influenced and…
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Discovery Misconduct Warranting Adverse Inference That Leads to Dismissal Does Not Require the Willfulness or Bad Faith That Is Required for Discovery Misconduct Directly Warranting Dismissal (Fed. Cir. Applying 2d Cir. Law)

Regeneron Pharmaceuticals, Inc. v. Merus NV, 2017 WL 3184400 (Fed. Cir. July 27, 2017): *1 Regeneron Pharmaceuticals, Inc. (“Regeneron”) appeals from a final judgment of the district court holding U.S. Patent No. 8,502,018 (“’018 patent”) unenforceable because of Regeneron’s inequitable …
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Arbitration: Diversity Jurisdiction over FAA Petition (to Compel) Is Determined by Reference to Parties to the Petition — Federal Question Jurisdiction Is Determined by Looking Through to See If Underlying Dispute Raises Federal Question

Hermés of Paris, Inc. v. Swain, 2017 U.S. App. LEXIS 15027 (2d Cir. Aug. 14, 2017): Respondent-appellant Matthew Swain appeals from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Chief Judge).…
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Twitter & Facebook Authentication: Circumstantial Evidence — Selfies, Corroboration of Contents (Rival Gangs, Animus), Community Awareness, Use of Phone to Log in — Rule 403: Prejudice Unfair If to Elicit Bias, Sympathy, Hatred, Contempt, Retribution

Stat v. Alias, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): *1 This case arose after a shooting occurred at Walter P. Taylor Homes apartment complex (Walter P.) on October 3, 2014, resulting in the death of the…
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CAFA Local Controversy Exception: Court Is Bound by Complaint, Can’t Look to Other Evidence (Internet) — Factors for Judging If Local Defendants Can Provide “Significant Relief” or Their Conduct Is a “Significant Basis” for Suit

Christmas v. Union Pac. R.R., 2017 U.S. App. LEXIS 11724 (9th Cir. June 30, 2017): Plaintiff-Appellant Elon Christmas ("Christmas") filed a class action complaint in the Superior Court of California on February 5, 2015 alleging that Defendant Union Pacific Railroad…
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RICO—Is Any Act of Criminal Copyright Infringement a Predicate Or Only Egregious Ones?—Enterprise: Affiliated Corps: Need “Something More”? (2 Case Law Splits)—Conspiracy: Agreement Inferable—Pattern Extends Thru Era of Violations

Synopsys, Inc. v. Ubiquiti Networks, Inc., 2017 U.S. Dist. LEXIS 130070 (N.D. Cal. Aug. 15, 2017): This case stems from the purported interest of defendants Ubiquiti Network Inc., UNIL, and Ching-Han Tsai to review and evaluate for licensing plaintiff …
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Blog Admissibility — Third-Party Blog Posts Reiterating Alleged Defamation = Publication; Affidavit of Counsel Sufficient to Authenticate on Summary Judgment — Posts and Comments on Posts Admissible for Effect on Listener (Damages)

Knitting Fever, Inc. v. Eisaku Noro & Co., Ltd., 2012 WL 3235108 (E.D. Pa. Aug. 8, 2102): *1 Currently pending before the Court are Plaintiff The Knit With’s (“TKW”) Motion for Summary Judgment on the Counterclaims of Knitting Fever, Inc.…
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Recent Articles

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

nherent 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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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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