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

Contrary to 6th Circuit (see our 7/12/17 post), New York Court of Appeals Seems to Require That Authentication of Any Photo on Social Media Requires Authentication of Page or ID of Owner — But the Case Was Argued That Way

People v Price, 2017 N.Y. LEXIS 1694 (N.Y. Ct. App. June 27, 2017): On this appeal, we are asked to determine whether the People proffered a sufficient foundation at trial to authenticate a photograph — purportedly of defendant holding a…
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Sanctions—Appellate Review: “Deference Should Not Be Confused with Total Capitulation”—Rule 11 Does “Not Require Perfect Research or Utter Prescience” (Good Quotes) — Client Can’t Be Sanctioned for Flawed Legal Arguments

Eldridge v. Gordon Bros. Grp., LLC, 2017 U.S. App. LEXIS 12577 (1st Cir. July 13, 2017): PREFACE Today's case involves a moderately complex business dispute, rich with issues. On one side is plaintiff K's Merchandise Mart, Inc., which we call…
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Despite Cunningham, Sanction of Striking FSIA Defense (to Litigating at All) Is Immediately Appealable — It Is Also Beyond the Court’s Power — But Lesser Sanctions That Produce the Same Result Are OK

Funk v. Belneftekhim, 2017 U.S. App. LEXIS 11587 (2d Cir. June 29, 2017): In this action, originally filed in New York State court, plaintiffs Emanuel Zeltser and Vladlena Funk sue defendants Concern Belneftekhim [*2]  ("BNTK") and Belneftekhim USA, Inc. ("BUSA") …
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Facebook / Instagram Authentication — Just Because a Photo Appears on Social Media Doesn’t Mean You Have to Authenticate the Page or ID the Owner to Authenticate the Photo, If the Photo Itself Is the Relevant Evidence

United States v. Thomas, 2017 U.S. App. LEXIS 11781 (6th Cir. June 30, 2017): A jury convicted Jabron Thomas of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); brandishing a firearm during a crime of violence, …
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Text, Twitter Authentication by Evidence Texts, Tweet Sent from Phone of Defendant, Who Knew Its Passcode; App Was Created with Email Address Using His Name; Phone Had Photo of Object in His Room — Not Hearsay But Admissions

Atkins v. Commonwealth, 2017 Va. App. LEXIS 160 (Va. Ct. App. July 5, 2017): Hassan Christopher Atkins appeals his convictions for three counts of breaking and entering and three counts of grand larceny, in violation of Code §§ 18.2-89 and…
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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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