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

Facebook & Twitter Authentication: Facebook Conversations’ Content Same as Oral Threats + Affidavit from Facebook Custodian That Automated Systems Captured Them when Transmitted — Twitter Content + Pictures + Username

MTV v. State, 2016 Ind. App. LEXIS 461 (Ind. Ct. App. Dec. 22, 2016): Case Summary P1 M.T.V. appeals his adjudication of delinquency for Conspiracy to Commit Aggravated Battery, a Level 3 felony if committed by an adult.1 We affirm.…
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RICO: Plaintiff May Name All Members of Associated-in-Fact Enterprise As Defendants If They Are Separate & Distinct from Enterprise — Officer Is Distinct from Corp. But Corp. + Sub + Officers + Employees Are Not Distinct

Moran v. Bromma, 2017 U.S. App. LEXIS 908 (9th Cir. Jan. 18, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs Mark Moran and Patricia Bailey White …
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Federal Jurisdiction: Does the Probate Exception — Barring Federal Jurisdiction over Wills, Estate Administration and Disposition of Property in Probate Court — Extend to Federal Question as Well as Diversity Jurisdiction? — Circuit Split

Matter of Boisseau, 2017 U.S. Dist. LEXIS 11964 (N.D.N.Y. Jan. 30, 2017): I. INTRODUCTION On May 10, 2016, the Hanover HHR Employee Benefit Plan ("Plan") removed this action to the Northern District of New York pursuant to 28 U.S.C. § …
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Rule 16(f) Sanctions Require Violation of Unambiguous Order — Order Permitting Discovery by One Party But Silent As to Other Does Not Unambiguously Bar Discovery by Other — Permission Presumptively Unneeded under Rule 26

Act Now to Stop War and End Racism Coalition v. Dist. of Columbia, 2017 U.S. App. LEXIS 1193 (D.C. Cir. Jan. 24, 2017):   Like many municipalities around the country, the District of Columbia regulates the manner in which members of …
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Diversity Jurisdiction — Statutory Damages, Civil Penalties and Attorney’s Fees Totaled to Determine Amount in Controversy — Only Accrued Attorney’s Fees or Likely Future Fees, Too? — Caselaw Split

Hall v. FCA US, LLC, 2016 U.S. Dist. LEXIS 113376 (E.D. Cal. Aug. 24, 2016): On March 30, 2016, plaintiffs Dennis Hall and Michelle Hall filed this action against defendant FCA US, LLC in the Kern County Superior Court, alleging …
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If Arbitration Clause Incorporates Organization’s Rules, It Is the Version in Effect at Signing — FAA’s Presumption in Favor of Arbitration Doesn’t Apply to Whether Agreement to Arbitrate Exists, Does Apply to Interpretation of Scope

Lenox Corp. v. Blackshear, 2016 U.S. Dist. LEXIS 177170 (E.D. Pa. Dec. 22, 2016): Plaintiff Lenox Corporation ("Lenox") brings suit against Defendants Thomas Blackshear, Roger W. Rawls, Blackshear Enterprises, Inc., and Keepsakes and Collectables, LLC1 alleging trademark infringement, unfair competition,…
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Rule 37 Sanctions: Broad Judicial Discretion, Multifactor Test (2d Cir.) — May Plaintiff Proceed to Trial Anonymously: Discretionary, Multifactor Test — Waiver of Privilege Reviewed for Abuse of Discretion

Doe v. Delta Airlines Inc., 2016 U.S. App. LEXIS 21270 (2d Cir. Nov. 29, 2016):  UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and hereby are AFFIRMED. Plaintiff-Appellant…
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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

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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