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

Rule 11 and § 1927 Sanctions Predicated on Factual Findings Concerning Foreign Corporate Transactions That Are Contradicted by Foreign Court Determinations Reversed — Arguments Thus Validated Are Not Entirely Groundless

Philos Techs., Inc. v. Philos & D, Inc., 2015 U.S. App. LEXIS 16812 (7th Cir. Sept. 22, 2015): This lawsuit involves a complicated transaction-or set of transactions-among several related companies, most of which are based in the Republic of Korea.…
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Documents Obtained under 28 U.S.C. § 1782 for Use Abroad May Be Used in Subsequent U.S. Litigation (e.g., to Draft Complaint, Prepare Discovery Requests), Unless a Protective Order Bars It — Admissibility to Be Determined by Judge in 2nd Case

Glock v. Glock, Inc., 2015 U.S. App. LEXIS 14400 (11th Cir. Aug. 17, 2015): Gaston Glock created the Glock 17 handgun for the Austrian army in 1982.1 Four years later, Glock's guns arrived in the United States.2 1   Paul M.…
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Disqualification Appeal Not Mooted by Settlement — Representation of Homeowners’ Ass’n Doesn’t Bar Suit against Controlling Corp. after Control Ends — Director’s Claim of Personal Representation Rejected — Limits of Advocate-Wit. Rule

Legacy Villas at La Quinta Homeowners Ass’n v. Centex Homes, 2015 U.S. App. LEXIS 16799 (9th Cir. Sept. 22, 2015): Appellant law firm Peters & Freedman, LLP appeals (1) the district court's April 30, 2012 order disqualifying the law firm …
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Facebook Authentication — Alleged Author’s Admission That One Facebook Account Was Hers and That She Wrote One Comment over Her Web Name on Another’s Account Authenticated All Comments Attributed to Her on Both Accounts

Donley v. Donley, 2015 Ark. App. 496, 2015 Ark. App. LEXIS 590 (2015): Temika Donley appeals the Pulaski County Circuit Court's order denying her petition to terminate Lakitcher ("Kisha") Donley's guardianship over Temika's daughter, M.B. On appeal, Temika argues that…
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Sanctions — Where Separate Motion Requirement of Rule 11 Dishonored, Sanctions Award Deemed Sua Sponte & Cannot Include Fees — Vexatious Litigant Injunction Can’t Bar Response to Sanctions Motion

Martin v. Bravenec, 2015 U.S. App. LEXIS 17406 (5th Cir. Oct. 2, 2015): Rowland J. Martin, Jr., proceeding pro se, appeals orders of the district court awarding attorney's fees to Edward Bravenec, the Law Office of McKnight and Bravenec, and…
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Rule 11 — Factors in Deciding Whether to Sanction — Improper Purpose: Indicia, Incompetence Defense — Client Given 1 Free Pass for Frivolous Legal Argument, On Notice in Future

Jiangmen Kinwai Furniture Decoration Co. Ltd. v IHFC Properties, LLC, 2015 U.S. Dist. LEXIS 138998 (M.D.N.C. Oct. 13, 2015): This matter arose when a lawyer had something that might have become, with some thought, a decent idea, executed it badly …
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A Motion for Reconsideration Is Not a Vehicle for Relitigating Old Issues, Presenting New Theories, Securing a Rehearing on the Merits or Otherwise Taking a Second Bite of the Apple — Good Quote

In re Adelphia Commc’ns Corp. Secs. & Deriv. Litig., 2015 U.S. Dist. LEXIS 6823 (S.D.N.Y. Jan. 21, 2015): [A] motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on …
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Does Violation of Statute That Provides No Claim Bar RICO Claim for the Violation? — Commercial Relationship vs. Enterprise — Oper. & Mgmt.: Performing Services for Other Entity vs. Enterprise — Benefits of Exhibits to Complaint on 12(b)(6)

Bible v. United Student Aid Funds, Inc., 2015 U.S. App. LEXIS 14503 (7th Cir. Aug. 18, 2015): Plaintiff Bryana Bible obtained a student loan under the Federal Family Education Loan Program. She defaulted in 2012 but promptly agreed to enter …
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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

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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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