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

Facebook Chats — Authentication — Defendant Admits Account Is His; Chats Appear on His Hard Drive and Bear the His Facebook Account Information — Email Authenticated As Defendant’s by Need for Password to Log into His Account

State v Burns, 2015 Tenn. Crim. App. LEXIS 325 (Tenn. Ct. App. May 5, 2015): Vermaine M . Burns ("the Defendant") was convicted of several sexual offenses, all stemming from illicit Facebook chats ("chats") and emails between himself and the…
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Facebook Authentication by Use of Street Names; Gang Terms, Photos, Artwork & Signs on Public Page +Similar Content on Private Pages & Circumstantial Evid — Music Downloaded from Sound Cloud Not Tied to Defendant or Gang Improperly Admitted for Truth

State v Gibson, 2015 Ohio App. LEXIS 1614 (Ohio Ct. App. May 1, 2015): {¶ 32} In his second assignment of error, appellant states: The trial court erred in allowing the introduction of prejudicial evidence by the state without the…
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Video Authentication — Surveillance Video Not Self-Authenticating, Particularly When Edited, Blurry and Shot from Significant Distance — Rule 59 Standards re Erroneous Evidentiary Ruling — Remittitur Standards

Leo v. L.I. RR, 2015 U.S. Dist. LEXIS 56953 (S.D.N.Y. April 30, 2015): Plaintiff Brian Leo commenced this lawsuit under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51 et seq., seeking recovery for physical and other injuries suffered…
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Judicial Notice of Internet Evidence — Secretary of State Website Records — When Public Records Are Presumed Authentic and Trustworthy, Burden of Showing a Basis for Exclusion Falls on Opponent of the Evidence

Bank of Am., N.A. v. 04, Inc. (In re Owner Mgmt. Serv., LLC), 2015 Bankr. LEXIS 1468 (Bankr. C.D. Cal. April 29, 2015): Well-settled Ninth Circuit precedent specifically deals with evidentiary objections at the summary judgment stage. In general, at …
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Text Messages Insufficiently Authenticated by Testimony That Proponent Identified Owner of Phone from Which Texts Were Sent at an Uncertain Later Time and That He Couldn’t Recall How He Accessed or Copied the Messages

Barker v. Computer Sci. Corp., 2015 U.S. Dist. LEXIS 39994 (E.D. Va. Mar. 27, 2015): Plaintiff Damien Barker ("Plaintiff" or "Barker") began his employment with Computer Science Corporation ("CSC") in February 2011 as a systems analyst. (Dkt. No. 77-6 at…
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Admission of Printouts of Text Messages Forwarded from One Phone to Another in Pieces for Printing OK under Best Evidence Rule — Forwarded Text = Duplicate — Absence of Original Excused Due to Inability to Print It

People v. Davis, 2015 Ill. App. Unpub. LEXIS 885 (Ill. Ct. App. April 24, 2015): 1 Held: The trial court's admission into evidence of a forwarded text message did not violate hearsay or best evidence rules and, accordingly, did not…
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Judicial Notice of Internet Evidence — Corporate Website to Ascertain the Service It Offers — Software Tool Used by Testifying Expert Is Not Itself an Expert and Need Not Be Disclosed under 26(a) — Akin to Assistant to Expert

Capitol Records, LLC v. Escape Media Grp., Inc., 2014 U.S. Dist. LEXIS 183098 (S.D.N.Y. May 28, 2014), adopted, 2015 U.S. Dist. LEXIS 38007 (S.D.N.Y. Mar. 25, 2015): In 1999, a teenage college dropout finished writing software for an internet service…
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Recent Articles

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

nherent 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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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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