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

Disqualification — Movants Who Are Not Present or Former Clients Lack Standing to Seek Disqualification of Opposing Law Firm (Advocate-Witness Grounds)

Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of…
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Inherent Power & § 1927 — Issuance of Overbroad Subpoena by Criminal Defense Counsel on Counsel for Co-Defendant Seeking Communications with Prosecutor Not Sanctionable — Recklessness-Plus Required for § 1927 Sanctions in 9th Circuit

United States v. Rico, 2015 U.S. App. LEXIS 13123 (9th Cir. July 28, 2015): *** (3) Rico finally claims that we should reverse because the [*7]  district court erred when it quashed a subpoena directed by his counsel to the …
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Text Messages: Offer of Gun to Defendant = Non-Hearsay Verbal Act; Picture Retrieved from Cell Sufficiently Authenticated by Fact It Showed Same Make and Model Offered to & Recovered from Him — Photo Is Not Hearsay

People v. Mota, 2015 Cal. App. Unpub. LEXIS 7216 (Cal. Ct. App. Oct. 8, 2015): Jose J. Mota and Karen Garcia were convicted of possession of a firearm after police observed Mota pass the gun to Garcia on a street …
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RICO — Associated-in-Fact Enterprise — Linchpin Is Ongoing Nature of Association — No Purpose Needed Other Than Committing Racketeering Activity

Allstate Ins. Co. v. Plambeck, 2015 U.S. App. LEXIS 16571 (5th Cir. Sept. 17, 2015): Allstate Insurance Company ("Allstate") sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the…
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Rule 37(c) Sanctions — Failure to Timely Amend Contention Interrogatory Can Bar Theory of Liability — Factors Guiding Discovery Sanctions (2d Circuit) — Dismissal for 26(e) Failure to Supplement as Abuse of Discretion

TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 2015 U.S. App. LEXIS 16517 (Fed. Cir. Sept. 16, 2015): Tivo Research and Analytics, Inc. dba TRA, Inc. ("TRA") appeals a judgment of the district court granting summary judgment in…
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When Does Attorney-Client Privilege Attach to Advice for a Response to the Media? — Caselaw Split — Factors for Determining When Counsel for Adverse Party May Be Deposed (Shelton Approach)

Alomari v Ohio Dep’t of Public Safety, 2015 U.S. App. LEXIS 16237 (6th Cir. Sept. 9, 2015): Omar Alomari ("Plaintiff") filed suit against the Ohio Department of Public Safety ("ODPS"), ODPS Director Thomas Charles, former ODPS Director Thomas Stickrath, and…
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Rule 26(a)(1) Disclosure Violation — Exclusion Is the Usual Remedy, But There Are Many Alternatives — Honest Mistake as Defense to Sanctions — 6th Circuit Adopts 4th Circuit’s 5-Factor Test for Substantial Justification / Harmless Error

Howe v. City of Akron, 2015 U.S. App. LEXIS 16529 (6th Cir. Sept. 17, 2015): In 2004, Defendant-Appellant City of Akron administered promotional examinations for firefighters for the ranks of Lieutenant and Captain. The Plaintiffs-Appellees [*2]  are Akron firefighters who…
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Hearsay — Emails from Military Personnel to NTSB at NTSB’s Formal Request, Verified as True by Declarations That Subject Authors to Court Martial in Addition to Normal Perjury Penalties, Satisfy Residual Exception (Rule 807)

Brokaw v. Boeing Co., 2015 U.S. Dist. LEXIS 137074 (N.D. Ill. Oct. 5, 2015): The plaintiffs in these five consolidated cases–Elizabeth Brokaw, as personal representative of the estate of Jamie L. Brokaw, William Thompson, as personal representative of the estate…
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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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