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

RICO — Plaintiff May Base Personal Jurisdiction on RICO’s Nationwide Service of Process Provision (18 U.S.C. § 1965(b)), Only If Plaintiff States a Colorable RICO Claim

Courboin v. Scott, 2014 U.S. App. LEXIS 22775 (11th Cir. Dec. 1, 2014): A. When analyzing a dismissal for lack of personal jurisdiction, "we first determine whether the applicable statute potentially confers jurisdiction over the defendant." Republic of Panama v.…
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Rule 11 Sanctions — Improper Purpose — Candidate Files Groundless Petition, Then Dismisses after Receipt of Voluminous Opposition on Eve of Expedited Hearing — Court Shouldn’t Use Elephant Gun to Slay Mouse (Good Quote)

Mollis v. Corso, 2014 R.I. Super. LEXIS 171 (R.I. Super. Dec. 17, 2014): United States Supreme Court Justice Felix Frankfurter once observed that: "Litigation is the pursuit of practical ends, not a game of chess."1The matter now before the…
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Sanctions — Failure to File Notice of Appeal in Counsel’s Name Precludes Appellate Review of Sanction Imposed on Counsel — Notice of Appeal in Party’s Name Inadequate to Permit Review

Kleehammer v. Monroe Cnty., 2014 U.S. App. LEXIS 22110 (2d Cir. Nov. 21, 2014): Appellant Stephanie Kleehammer, proceeding pro se, appeals from (1) the district court's September 8, 2010 order dismissing in part her claims of employment discrimination; (2) the …
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Unexplained Gap in Email Chain Defeats Circumstantial Authentication — YouTube Video Authentication Fails Absent Custodian Certification — Text Message Authentication Must Link Cell Numbers to Relevant Persons

Randaza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed…
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Email Authentication Proved by Adversary’s Production + Failure to Claim Emails Inauthentic & by Appearance and Contents, Including Sender’s Professional Contact Info and Discussion of Non-Public Details Concerning Matter

Koules v. SP5 Atlantic Retail Ventures, LLC, 2014 Ga. App. LEXIS 825 (Ga. Ct. App. Dec. 8, 2014): SP5 Atlantic Retail Ventures, LLC ("SP5") filed this action in the Superior Court of Fulton County against its tenant, The Dolce Group…
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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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