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

Class Actions — 7th Circuit Adopts Strict Scrutiny of Disclosure-Only Settlements — Good Posner Quotes (To Be told “The Board Considered a ‘Number of Factors’ Was to Be Told Nothing”) — Disqualification of Plaintiff’s Counsel Suggested

In re Walgreen Co. Stockholder Litig. (Hays v. Walgreen Co.), 2016 U.S. App. LEXIS 14684 (7th Cir. Aug. 10, 2016) (2-1 decision; dissent forthcoming):In merger litigation the terms "strike suit" and "deal litigation" refer disapprovingly to cases in which …
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Facebook Authentication: 3d Cir. Adopts Circumstantial Approach — Chats Not Self-Authenticated by 902(11) Certificate (Circuit Split) Except to Prove Chats Took Place — Hearsay: Party’s Chat = Admission & Other Side’s Words OK for Context

United States v. Browne, 2016 U.S. App. LEXIS 15668 (3d Cir. Aug. 25, 2016): The advent of social media has presented the courts with new challenges in the prosecution of criminal offenses, including in the way data is authenticated under…
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Prejudgment Interest Can’t Be Denied on the Ground That the Verdict Is Generous Enough — That Gives Windfall to Defendant: An Interest-Free Loan — Difficulty in Calculating Is Not A Basis to Deny

Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): Andrew Leonard, a stem cell photographer, and Stemtech International, Inc., a company that sells nutritional supplements through independent distributors, cross appeal various rulings in the…
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Voicemail Authentication: Self-Identification + Request to Return Call to Home Number of Self-Identifier + Contents of Message = Sufficient Circumstantial Authentication

Goodrich v. Director, 2016 U.S. Dist. LEXIS 111633 (E.D. Tex. July 21, 2016): Petitioner Joseph Glenn Goodrich, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas…
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Class Actions — Claims-Made Settlement: Is Benefit to Class the Amount Claimed or Amount Available to Be Claimed? — Circuit Split — Consumer Settlement with Clear Sailing & Kicker Clauses, and Fees Exceeding Amount Claimed, Upheld

Gascho v. Global Fitness Holdings, LLC, 822 F.3d 269 (6th Cir. 2016) (2-1 decision): **1 This case involves challenges to the settlement of a consumer class action. Amber Gascho and other Plaintiffs (collectively, “Plaintiffs”) sued Global Fitness Holdings, LLC alleging…
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RICO Complaint Must Allege Crimes — Civil RICO Conspiracy Can’t Be Based on Negligence — Res Judicata Bars RICO Claim Based on Same Nucleus as Prior Non-RICO Case — Federal Res Judicata Law Applies in Fed. Question Cases (State Law If Diversity)

Snow Ingredients, Inc. v. Snowizard, Inc., 2016 U.S. App. LEXIS 14977 (5th Cir. Aug. 15, 2016): As the seasons turn from spring to summer in New Orleans, locals know to expect familiar changes. The days get longer. The temperature rises.…
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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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