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

Privilege/Work Product — Document May Be Work Product Even If (1) Not Prepared in Anticipation of a Specific Claim and (2) It Also Serves Non-Adversarial Purposes, As Long As It Was Prepared Because of the Prospect of Litigation

Nat’l Ass’n of Criminal Defense Lawyers v. U.S. Dept. of Justice, 2016 U.S. App. LEXIS 13141 (D.C. Cir. July 19, 2016): The National Association of Criminal Defense Lawyers submitted a request under the Freedom of [*2]  Information Act to obtain …
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Rule 26(a) Disclosures & 37(c)(1) Sanctions — A Computation of Statutory Attorney’s Fees That Are Awardable after Obtaining, & in Addition to, a Successful Judgment Is Not a Required Disclosure under Rule 26(a)

Smith v AS America, Inc., 2016 U.S. App. LEXIS 12917 (8th Cir. July 14, 2016): AS America, Inc. d/b/a American Standard Brands (ASB) denied Thomas Smith's request for intermittent Federal Medical Leave Act (FMLA) leave and fired him after he …
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Social Media Authentication by Testimony That Pages Ostensibly Belonging to Parties Were Found by Using Their Names, DOB, Zip Codes & Other Identifying Info, and That Printouts of Photos & Captions Accurately Reflected What Was Posted on Those Pages

Blackledge v. State, 2016 Ga. LEXIS 462 (Ga. Sup. Ct. July 5, 2016): Along with several co-defendants, Milton Blackledge was tried by a Cobb County jury and convicted of murder, violation of the Georgia Street Gang Terrorism and Prevention Act…
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Summary Judgment — District Court May Not Draw Adverse Inference Based on Non-Moving Party’s Invocation of Fifth Amendment — Applicability of Exclusionary Rule in Civil Forfeiture Cases & Interplay with Discovery Duties

In re 650 Fifth Ave. & Related Props. (U.S. v. Alavi Found.), 2016 U.S. App. LEXIS 13225 (2d Cir. July 20, 2016): On this appeal, we consider challenges to an award of summary judgment entered in the United States District…
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Experts: No Permission Needed to File Supplemental Report — Burden on Opponent to Move to Strike — May Expert Correct Opinions by Looking to Information Available at Time of Original Report? — The Risk of Lessening the Sting of Cross by Deposing

DR Distributors, LLC v. 21 Century Smoking, Inc., 2016 U.S. Dist. LEXIS 99930 (N.D. Ill. Aug. 1, 2016): Defendants' motion to supplement their expert's report [171] is granted as set out in greater detail herein. The stay on expert discovery…
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Forum Selection Clause: Does Federal Law Govern Validity or Chosen Law? — Circuit Split — Could The Parties Resolve This in Their Contract? — Every Foreign Forum Needn’t Duplicate U.S. Remedies (Good Quote)

Barnett v. Dyncorp Int’l, LLC, 2016 U.S. App. LEXIS 13618 (5th Cir. July 26, 2016): Plaintiff Jonathan Barnett alleges that his former employer, DynCorp International LLC, failed to give him all of the pay and benefits he was owed for…
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Recent Articles

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

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

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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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