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

Surveillance Video Authentication via Circumstantial Evidence — Fact That Video Is Programmed to Skip a Few Seconds Intermittently Neither Renders It Inauthentic Nor Subject to 403 Exclusion

United States v. Cejas, 2014 U.S. App. LEXIS 14874 (7th Cir. 2014): A. Video Was Properly Authenticated We begin with Constantino and Nicholas's joint argument that the video showing them outside of Denny's residence on February 14, 2011 should not…
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Nonparty Invocation of 5th Amendment — Settlements as Damages — Severe Sanctions Absent Willfulness — RICO Continuity = Period Predicates Occurred — Good Quotes on Judge Changing Mind, Prejudice

Coquina Inv. v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7…
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Text Messages — Authentication by One Party to Discussion — No Best Evidence Problem Converting Texts to Emails for Printing and Submission to Court — 12(f) Motion to Strike “Drastic,” Disfavored

Greco v. Velvet Cactus, LLC, 2014 U.S. Dist. LEXIS 87778 (E.D. La. June 27, 2014): Plaintiff Joseph Greco moves to strike a number of exhibits attached to the motions for summary judgment of defendants Velvet Cactus, LLC and Scott Dickinson.…
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Diversity Jurisdiction — National Banking Association Is Citizen of State Where It Is “Located” — I.e., Has Its “Main Office” — Submitting Supplemental Material on Appeal to Establish Subject Matter Jurisdiction OK

Arthur v. JPMorgan Chase Bank, N.A., 2014 U.S. App. LEXIS 11053 (11th Cir. June 13, 2014): Fifty-eight individuals (hereinafter, "Appellants") whose homes were in various stages of the foreclosure process brought this action against JP Morgan Chase Bank, N.A. (hereinafter,…
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Absent Definitive Ruling on Motion to Exclude Witness’s Testimony (Here, an Expert), Counsel Must Object to Specific Questions Posed at Trial or Waives Argument on Appeal That Admission Was Flawed

United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): 2. Opinion Testimony Finally, Threadgill claims that the district court erred when it admitted testimony from Jackson and Bjorkman regarding Threadgill's knowledge, intent, and state of …
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Spoliation — Impact on Summary Judgment — Routine Practice of Destruction May Show No Bad Faith — Failure of Anyone to View Video before Automatically Recording over It Corroborative of No Bad Faith

Schreane v. Beemon, 2014 U.S. App. LEXIS 13859 (5th Cir. July 21, 2014): Schreane sought to compel the government to turn over surveillance video footage from the prison, which Schreane argued would show that while guarding Schreane's unit Beemon had…
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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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