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

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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Does Rule 15(b)(2) — Amendment of Complaint by Trial of the Issue on Express or Implied Consent — Apply at the Summary Judgment Stage? — Circuit Split

Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., 2016 U.S. Dist. LEXIS 84868 (D. Minn. June 29, 2016): Plaintiff Cedar Valley Exteriors, Inc. ("Cedar Valley") brought this action against defendant Professional Exteriors, Inc. ("Professional Exteriors"), alleging that Professional Exteriors infringed…
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RICO: Threat to File Suit against Government, Even If Made in Bad Faith & Supported by False Affidavits, Isn’t “Wrongful” within Hobbs Act — Where Citizen May Request Records Anonymously, Using Fake Identity ≠ Mail Fraud

Town of Gulfstream v. O’Boyle, 2016 U.S. App. LEXIS 11183 (11th Cir. June 21, 2016): The Town of Gulf Stream, Florida ("Gulf Stream" or the "town") and its contractor Wantman Group, Inc. ("Wantman") (collectively the "plaintiffs") appeal the dismissal of…
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Attorney-Client Privilege — Talks with Law Firm GC Privileged — No Current Client Exception — Privilege Intact Even If RPC Violated, Intent to Disclose Exists — Reliance on Privileged Matter Sine Qua Non of At-Issue Waiver (Good Quotes)

Stock v. Schnader Harrison Segal & Lewis LLP, 2016 N.Y. App. Div. LEXIS 5082 (1st Dept. June 30, 2016): The primary issue on this appeal is whether attorneys who have sought the advice of their law firm's in-house general counsel …
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Facebook Admissibility: Photos Authenticated by Witness Familiar with Page Owner’s Appearance — Posts by Fact They Emanated from Owner’s User Name and Were Obtained via Search Warrant for His Account

People v. Johnson, 2016 Mich. App. LEXIS 1256 (Mich. Ct. App. June 28, 2016): Defendant, Timothy Noel Johnson, was convicted by a jury of first-degree premeditated murder, MCL 750.316(1)(a), possession of a firearm during the commission of a felony (felony …
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Judicial Notice of Internet Evidence: Party’s Filings with State, Local Governments — Pending Appeal, District Court Retains Jurisdiction to Modify Injunction But May Not Materially Alter the Status of the Case on Appeal or Change the Core Issues

Nat’l Grange of the Order of Patrons of Husbandry v. Calif. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. April 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State…
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Facebook Messages Authenticated by Recipient: She and Sender Used a Code Known Only to Them, She Recognized “the Way He Said Things” and the Subject Matter Was Known Only to Them — Recipient’s Messages Received for Context ≠ Hearsay

Bullman v. State, 2016 Tex. App. LEXIS 3775 (Tex. Ct. App. Apr. 13, 2016): In four issues, appellant, Curtis Nathaniel Bullman, challenges his conviction for continuous sexual abuse of a young child. See Tex. Penal Code Ann. § 21.02 (West…
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Recent Articles

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Propoerty When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

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

Inherent 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

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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