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 — Federal Circuit Recognizes Patent Agent-Client Privilege — Scope = Communications Furthering Tasks Outlined in Patent Office Regs — 2-1 Panel Decision

In re Queen’s Univ. at Kingston, 2016 U.S. App. LEXIS 4259 (Fed. Cir. Mar. 7, 2016): Petitioners Queen's University at Kingston and PARTEQ (together, "Queen's University") are engaged in a patent infringement action against Samsung Electronics Co., Ltd. and Samsung…
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Judicial Estoppel May Be Invoked by Party Not in Prior Proceeding Who Would Suffer No Prejudice And Even If Adversary Did Not Prevail on the Issue and Would Not Receive Unfair Advantage by Changing Position

Slater v. U.S. Steel Corp., 2016 U.S. App. LEXIS 3225 (11th Cir. Feb. 24, 2016): The equitable doctrine of judicial estoppel, also known as the doctrine of preclusion of inconsistent positions, "precludes a party from asserting a . . . …
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Attempt to Offer Expert Testimony as Lay Opinion Rejected — 701 v. 702 — Court Should Be Vigilant to Preclude Manipulative Conduct Designed to Thwart the Expert Disclosure and Discovery Process (Good Quote)

United States v. Afyare, 2016 U.S. App. LEXIS 4173 (6th Cir. Mar. 2, 2016): This is one of two companion opinions from this panel in separate appeals from a much [*3]  larger criminal prosecution. In this appeal, the government challenges…
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Spoliation — Lost Evidence Must Be Relevant, Not Dispositive — Only Nondispositive Sanctions Apt If Dismissal Due to Factors Unaffected by Lost Evid. — Dismissal Requires Conduct So Egregious as to Amount to Forfeiture (Good Quote)

McCarty v. Covol Fuels No. 2, LLC, 2016 U.S. App. LEXIS 2696 (6th Cir. Feb. 16, 2016): David McCarty, a subcontractor, was killed during the installation of a garage door at the Defendant-Appellee Covol Fuels (Covol) coal mine in Muhlenberg…
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Facebook Page Authenticated by Contents — Including Alleged Owner’s Nickname, Photo, References to Gang and Crime — and Witness Testimony from Facebook Friend

State v. Inkton, 2016 Ohio App. LEXIS 613 (Ohio Ct. App. Feb. 25, 2016): [*P1]  Defendant-appellant Ronald Inkton ("appellant") brings this appeal challenging his convictions for rape, aggravated robbery, kidnapping, and having weapons while under disability. Specifically, appellant argues that:…
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Judicial Notice of Internet Evidence — Declined as to Blogs, Wikipedia and ZoomInfo Postings Allegedly Posted by Defendant, Offered to Establish Minimum Contacts & Personal Jurisdiction

Calvert v. Wolf, 2016 Cal. App. Unpub. LEXIS 733 (Cal. App. Jan. 29, 2016): Appellants John and Tammy Calvert appeal from an order granting respondent Randall Wolf's motion to quash service of summons for lack of personal jurisdiction.1 The Calverts…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

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 Property 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?

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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