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

RICO Conspiracy — Not Enough to Show Defendant’s Association with Conspirators, Knowledge of Conspiracy, Presence during Conspiratorial Discussions — Must Show Awareness of Scope of Enterprise & Objective Manifestation of Intent to Participate in It

Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v.…
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Email Evidence Admissible under R. 408 to Show Settlement Reached — Emails’ Competing, Differing Headers Declaring Emails Unusable Show Offer/Counteroffer, Not Separate Agreement — No Estoppel, Can’t Unilaterally Change Evidence Law (Good Quote)

Ian v. Whitehead, 2017 Ariz. App. Unpub. LEXIS 595 (Ariz. Ct. App. May 16, 2017): P1 Hannah Ian ("Wife") seeks special action relief from the superior court's ruling precluding the introduction of settlement-negotiation emails exchanged between her attorney and former …
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RICO Statute of Limitations: Injury Occurs When Amount of Damages Is Clear, Definite — Investment Injury for Which Investor Has No Contractual or Legal Remedies Accrues at Time of Investment — Standards for Actual/Inquiry Notice, Equitable Tolling

Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, …
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Inherent Power Sanctions — Vexatious Litigant Injunction — Factors — Apt in “Extraordinary Circumstances,” Even If Other Rules Apply — Repeated Litigation of Same Issues without Any Objective Good Faith Hope of Winning

Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

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 Property 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?

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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