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

Spoliation — Bad Faith Still Required for Spoliation of Tangible Evidence (3d Cir.) — Destruction of Evidence during Pendency of Case without Reference to Case and for Purpose of Avoiding Storage Costs Doesn’t Evidence Bad Faith or ≠ Spoliation

Orologio of Short Hills Inc. v. Swatch Grp. (U.S.) Inc., 2016 U.S. App. LEXIS 11611 (3d Cir. June 24, 2016): Appellants Orologio of Short Hills and Orologio International Ltd. (collectively, "Orologio") seek reversal of the District Court's order (1) granting…
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RICO: Agreeing to Bribe Blagojevich Has Natural Ending Point, No Continuity — Mere Association with Him ≠ Bigger Conspiracy — Good Quotes (“Jury Was Entitled to Put 2 & 2 Together”) — Adverse Inference for Asserting 5th Even If Later Testify

Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 2016 U.S. App. LEXIS 14057 (7th Cir. Aug. 2, 2016): This appeal pits casinos against racetracks in our circuit's latest encounter with the Blagojevich corruption scandal in Illinois. In 2008, John …
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Error to Take Judicial Notice of Wikipedia Page — RICO: Can’t Infer Fraudulent Intent from Plaintiff’s Sending Defendants Expert Report Saying Defendants Were Committing Fraud & They Continued — Efficacy of Attaching Expert Report to Complaint

Bitton v. Gencor Nutrientes, Inc., 2016 U.S. App. LEXIS 11822 (9th Cir. June 28, 016): Michael Bitton, Brian O'Toole, and Robert Sokolove (collectively, "Plaintiffs") appeal the dismissal with prejudice of their putative class action complaint against Gencor Nutrients, Inc., and…
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Disqualification: “More Than Tangentially Related” = “Substantially Related” — Inhouse Counsel’s Knowledge Imputed to Colleagues, Outside Counsel — Good Quotes (“Not Subborning the Disloyalty of Attorneys”)

Dynamic 3D Geosolutions LLC v. Schlumberger Limited, 2016 U.S. App. LEXIS 16645 (Fed. Cir. Sept. 12, 2016): Dynamic 3D Geosolutions LLC ("Dynamic 3D"), along with Acacia Research Corporation and Acacia Research Group LLC (collectively, "Acacia"), appeal from the decision of…
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RICO: Enterprise Can Be Both Victim & Vehicle — Good Quotes, e.g.: “There Is A Plausible Claim Something Odd Was Going On….Oddity Alone Won’t Support a RICO Claim”

Jupiter Aluminum Corp. v. Sabaitis, 2016 U.S. Dist. LEXIS 123843 (N.D. Ind. Sept. 13, 2016): Something went [*2]  very wrong at Jupiter Aluminum Corporation in fiscal year 2014. Jupiter is an Indiana corporation in the business of converting scrap aluminum…
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Recent Articles

§ 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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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