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

Rule 37(b)/Inherent Power Sanctions: Dismissal OK Where Plaintiff Uncooperative in Initial Production & Then Flouts Discovery Order — Court Not Required to Coax Compliance via Incrementally Increasing Sanctions — Review Not Perfunctory (Good Quotes)

Timms v. LZM, LLC, 2016 U.S. App. LEXIS 12377 (5th Cir. July 5, 2016): Plaintiff–Appellant Heather Timms appeals from sanctions levied against her by the district court. Timms contends that the district court abused its discretion when it struck her…
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RICO & Res Judicata — Mere Addition of Claims, Defendants to Same Facts Doesn’t Avoid Preclusion Bar — Can’t Relitigate Final Judgment by Adding Subsequent Facts to Adjudicated 16-Year-Long Set of Events

Zahl v. Warhaftig, 2016 U.S. App. LEXIS 12155 (3d Cir. July 1, 2016): Kenneth Zahl, M.D. appeals the final decision of the U.S. District Court for the District of New Jersey granting summary judgment in favor of a group of…
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Attorney-Client Privilege — 5-Factor Test Corporate Employees Claiming Corp. Counsel Represented Them Must Satisfy — What If a Reasonable Lay Person Would Misunderstand the Upjohn Warning? (See Concurrence)

United States v. Merida, 2016 U.S. App. LEXIS 12786 (10th Cir. July 12, 2016): I. INTRODUCTION Jason Brett Merida, the former executive director of construction for the Choctaw Nation of Oklahoma (the Nation), was convicted after a fifteen-day jury trial …
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Attorney-Client Privilege: Government Official Has No Personal Privilege with Government Lawyer Consulted on Ethics Issues (Government Holds Privilege) — Perhaps Different If Government Lawyer Representing Official Personally

In re Grand Jury Subpoena, 2016 U.S. App. LEXIS 12860 (9th Cir. July 13, 2016): This case arises in the midst of an investigation by the federal government into activities of the former Governor of Oregon, John Kitzhaber. A…
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Voicemail Left for Employee A by Employee B, Who Was Investigating Employee A’s Race, Age & Gender Discrimination Claim, Is Admissible against Employer as an 801(d)(2) Admission

Ritchie v. Napolitano, 2016 U.S. Dist. LEXIS 89279 (D.D.C. July 11, 2016): Plaintiff Scott Ritchie brings suit under (i) Title VII of the Civil Rights Act of 1964 ("Title VII") for race discrimination; (ii) Title VII for gender discrimination; and…
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Rule 37(c)(1) Sanctions — Critical Witness Affidavit Struck (Resulting in Summary Judgment) for Failure to Update Per 26(e) Witness’s Address on 26(a) Disclosure or Give Affidavit — Query re Affidavit: What about Hickman v. Taylor?

Emanuel v. Cnty. of Wayne, 2016 U.S. App. LEXIS 11385 (6th Cir. June 20, 2016):  Plaintiff Lennox Emanuel was arrested after Wayne County Sheriff's Office personnel observed him speaking with a known prostitute, inviting the woman into his car, and…
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RICO Enterprise: Is Association of a Few Individuals, without Meaningful Structure, Distinct from Those Individuals? — Good Quotes on RICO Predicates & Elements, Including Interstate Commerce (All Telephone Calls Are Presumed to Be Intrastate)

Aliev v. Borukhov, 2016 U.S. Dist. LEXIS 88856 (E.D.N.Y. July 8, 2016): On October 26, 2015, plaintiff Fariz Aliev ("Aliev") filed a complaint principally seeking damages against Neriya Borukhov, his brother Aron Borukhov, and two other individuals, Stella Akbashev ("Akbashev"), …
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RICO: Each Member of Enterprise Needn’t Know Each Other’s Role — Enough to Know General Nature of Enterprise & That It Extends Beyond His/Her Role — Conspiracy Conflation — Impact on Hub & Spoke?

United States v. Christensen, 2016 U.S. App. LEXIS 12738 (9th Cir. July 8, 2016): Six defendants appeal their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this criminal …
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Sanctions — Inherent Power Extends to Misconduct before Court-Supervised Settlement Program, Apt to Punish Ethics Violations — Factors in Selecting Sanction — Loosely Formulated, Imprecise Objection Doesn’t Preserve Error (Good Quote)

In re Deepwater Horizon, 2016 U.S. App. LEXIS 10069 (5th Cir. June 2, 2016): Glen Lerner and Jonathan Andry appeal the district court's sanction order disqualifying them from further participation in the Court-Supervised Settlement Program related to the Deepwater Horizon …
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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

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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