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

Judicial Notice of Internet Evidence — Opponent’s Filings with Gov’t Agency Noticed for Fact of Filing, Not for Contents, on 12(b)(6) Motion — 12(f) Motion to Strike Disfavored, Should Be Denied unless Allegations Have No Conceivable Relevance

Morton & Bassett, LLC v. Organic Spices, Inc., 2016 U.S. Dist. LEXIS 120092 (N.D. Cal. Sept. 6, 2016): Before the Court is the motion to dismiss filed by Defendant-Counterclaimant Organic Spices, Inc. ("Defendant"). Dkt. No. 40 ("Mot."). Defendant moves to…
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Experts — Opinion on Credibility of Persons Barred, on Credibility of Documents Permitted — Witnesses May Not Testify as to the Credibility of Other Witnesses (Good Quote)

FHFA v. Nomura Holding Am., Inc., 2015 WL 353929 (S.D.N.Y. Jan. 28, 2015): *1 This Opinion addresses the defendants’1 motion to exclude expert testimony to be offered at trial on behalf of plaintiff Federal Housing Finance Agency (“FHFA”) by …
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Extrinsic Evidence on 12(b)(6) Motion to Dismiss — Good Discussion of Proper/Improper Use of Judicial Notice and Incorporation by Reference (3 Types) — Unfairness of New Matter in Reply in Era of No Oral Argument

Hsu v. Puma Biotechnology, Inc., 2016 U.S. Dist. LEXIS 136527 (C.D. Cal. Sept. 30, 2016): ORDER DENYING MOTION TO DISMISS Pension Fund, and others filed this lawsuit under the Securities Exchange Act of 1934 ("Exchange Act") and Securities and Exchange…
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Does Fiduciary Relationship Impose Duty to Disclose Not Otherwise Existing under Securities Laws? — Circuit Split — Duty Usually Depends on Whether Omission Renders Statement False/Misleading, Not Materiality (Texas A.G. Ken Paxton Case)

Securities and Exchange Commission v. Mapp, 2016 U.S. Dist. LEXIS 140141 (E.D. Tex. Oct. 7, 2016): Pending before the Court is Warren K. Paxton, Jr.'s Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) and 9(b) (Dkt. #16). Having…
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How to Write an Effective Cert Petition (Excellent Discussion and Source Materials) — The Limits of Supreme Court Summary Reversals Given That Discussion of the Merits Is Discouraged in Cert Petitions

Visciotti v Martel, 2016 U.S. App. LEXIS 18579 (9th Cir. Oct. 17, 2016) (Berzon (who wrote the unanimous panel opinion) and Pregerson, concurring): Not surprisingly, I join the principal opinion in full. I write separately to emphasize one point: This …
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Disqualification — Mandamus: Nonparty’s Ex-Lawyer Pointing Finger at Nonparty Subject to Prosecution — Trial Taint = Substantial Relationship + Confidential Info — Collateral Order Doctrine Inapt — Confidentiality

United States v. Prevezon Holdings, Ltd., 2016 U.S. App. LEXIS 18614 (2d Cir. Oct. 17, 2016): Appeal from United States District Court for the Southern District of New York (Thomas P. Griesa, J.)2 from the denial of Hermitage Capital Management…
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District Courts Must Generally Follow Their Own Local Rules (Good Quote) — No Sanctions for Conduct Consistent with Local Rules — If Order Is Reversed, Are Sanctions Imposed for Violating It Necessarily Reversed? — Not Always

Drone Techs., Inc. v. Parrot S.A., 2016 U.S. App. LEXIS 17643 (Fed. Cir. Sept. 29, 2016): Parrot, S.A. and Parrot, Inc. (collectively, "Parrot") appeal from the final judgment of the United States District Court for the Western District of Pennsylvania …
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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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