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 — Hobbs Act: Hard Bargaining vs. Wrongful Use of Fear — Claim of Right Not Beaten by Claim Deal Lacks Subjective Value — Contract Breach ≠ “Wrongful” — State Statute Labels vs. Substance — Complaint Length Defeats Motion to Amend

United Brotherhood of Carpenters v. Building & Constr. Trades Dep’t, 2014 U.S. App. LEXIS 20667 (9th Cir. Oct. 28, 2014): We must decide whether a labor union's use of economic pressure is extortion under the Racketeer Influenced and Corrupt Organizations …
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Daubert — If Expert Testimony Based on “Good Grounds,” It Should Go to Jury — Ultimate Question Is Whether Expert Employs in Courtroom Same Level of Intellectual Rigor That Characterizes Expert Practice in the Field

Faulkner v. Arista Records LLC, 2014 U.S. Dist. LEXIS 129711 (S.D.N.Y. Sept. 15, 2014): "Courts within the Second Circuit have liberally construed expert qualification requirements." In re Methyl Tertiary Butyl Ether ("MTBE") Prods. Liab. Litig., MDL No. 1358…
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Inherent Power Sanctions — Bad Faith Inferable If Acts Are “So Completely without Merit” — More Exacting Abuse of Discretion Standard in Sanctions Appeals — Claim Colorable If It Has Some Legal, Factual Support and a Reasonable Belief in It

Hollon v. Merck & Co., Inc., 2014 U.S. App. LEXIS 20237 (2d Cir. Oct. 20, 2014): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED AND REMANDED. Gary J. Douglas …
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Derivative Actions — Massachusetts Business Trusts — Applicable Law (Substantive (Mass.) vs.Procedural (Forum) — Dismissal Based on Special Litigation Committee Investigation

Rotz v. Van Kampen Asset Mgmt., 2014 N.Y. Misc. LEXIS 4663 (Sup. Ct. N.Y. Cnty. Oct. 22, 2014): In these shareholder derivative suits, plaintiffs allege that certain officers of the nominal defendant trusts and the trusts' former investment advisers breached…
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Inherent Power Sanction of Summary Judgment for Declining to Pay Attorney’s Fees Ordered as a Prerequisite to the Party’s Supplementing Its Claims (a Requirement of a Local Rule of Court) Reversed — Bad Faith Violation of Local Rule Essential

Anticancer, Inc. v. Pfizer, Inc., 2014 U.S. App. LEXIS 20059 (Fed. Cir. Oct. 20, 2014): This litigation concerns patents owned by AntiCancer, Inc. on technology related to the imaging of gene expression using a green fluorescent protein linked to a…
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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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