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

No Jurisdiction to Enforce Settlement Where Court Stated Terms on Record and Entered Order “Based on” Agreement Transcribed in Record But Did Not Incorporate Agreement in Order — How to Incorporate — Contempt Reversed, Other Sanctions Affirmed

StreetEasy, Inc. v. Chertok,2014 U.S. App. LEXIS 10691 (2d Cir. June 5, 2014): This appeal arises out of the attempted resolution of a dispute between a real estate listing website and one of its co-founders over the propriety of actions …
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Rule 11 Sanctions May Be Sought for Successfully Opposing Sanctionable Rule 11 Motion without Filing Cross-Motion — Filing Unauthorized Substantive Reply Disguised as Sanctions Motion = Improper Purpose Violation

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Smith next argues that the district court erred in awarding Appellees attorneys' fees for the expenses they incurred opposing her Rule 11 motion. When …
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FAA Doesn’t Preempt Longer State-Law Period to Enforce a Judgment Entered by a Secondary Jurisdiction on Award Over 3 Years Old — Elements of Hines Preemption — Presumption against Preemption in Fields Traditionally Occupied by States

Commissions Import Export v. Republic of Congo, 2014 U.S. App. LEXIS 13158 (D.C. Cir. July 11, 2014): Commissions Import Export S.A. ("the Company") prevailed in 2000 in an arbitration in Paris, France against the Republic of the Congo and Caisse …
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Rules 26, 34, 37 — Document Production: Party Has Control of Documents If It Has the Right or Ability to Obtain Them on Demand — Sanctions: Contempt Power Shouldn’t Generally Be Used to Award Non-Coercive, Compensatory, $ Sanctions (Good Quote)

Claude Worthington Benedum Foundation v. Harley, 2014 U.S. Dist. LEXIS 99019 (W.D. Pa. July 22, 2014): Plaintiff seeks sanctions based on Federal Rule of Civil Procedure 37(b)-(c). (Docket No. 71). Generally, Rule 37 governs sanctions imposed against a party that…
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Erie—State Statute Requiring Verification of Complaint Doesn’t Apply in Federal Court Despite Rule 11’s Exception for “a Rule or Statute” Requiring Verification—Means Only Fed. Rules & Stats—Other Anti-SLAPP Cases Distinguished

Royalty Network, Inc. v. Harris, 2014 U.S. App. LEXIS 13222 (11th Cir. July 10, 2014): Appellants Carl Harris and his company, Phat Groov Music, appeal the district court's order denying their motion to dismiss a complaint filed by Appellees The…
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Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to…
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RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, …
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Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance."…
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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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