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

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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Arbitration — Refusal to Grant Continuance Sought by Both Parties Not Per Se Ground for Vacatur under FAA §10(a)(3) (vacatur for “misconduct in refusing to postpone the hearing”) — Arbitrator May Consider Own Convenience & Need for Expedition

CM S.E. Texas Houston, LLC v. CareMinders Home Care, Inc., 2016 U.S. App. LEXIS 18218 (11th Cir. Oct. 7, 2016): PER CURIAM: CareMinders Home Care, Inc. appeals the district court's confirmation of an arbitration award in favor of plaintiffs CM …
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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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