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

Disclosure of Work Product to Adversary during Settlement Talks Waives Protection Despite Common Goal of Reaching Quick Settlement — No Common Law Privilege for Plea Negotiations — Presumption against Creating New Privileges

Doe v. United States, 749 F.3d 999 (11th Cir. 2014): 2. The Intervenors Waived Any Work-Product Privilege. The intervenors next contend that the correspondence falls under the work-product privilege, but the finding of the district court that the intervenors waived…
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When Is Mandamus Available to Review Order Denying Attorney-Client Privilege? — Factors — Error Must Be “Clear and Indisputable” and Review “Appropriate” — Mandamus Not Precluded by Mohawk

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014) (Note:  The Court’s privilege analysis was excerpted in our post of July 3, 2014): Having concluded that the District Court's privilege…
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Shareholder/Officer Lacks Standing to Sue for RICO Harm to Corporation — High Standard to Prove Tortious Interference with Prospective Contractual Relationship — Creditor Typically Owes No Fiduciary Duties to Debtor — Appeals: Briefing Failure

Infanti v. Scharpf, 2014 U.S. App. LEXIS 11833 (2d Cir. June 24, 2014): In 1996, plaintiff-appellant Vittorio Infanti ("Infanti") and the Infanti Chair Manufacturing Company ("Infanti Chair") were found liable for trade dress infringement and a $15 million judgment was …
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When May a District Court Decline Jurisdiction over a Mixed Claim for Declaratory and Legal Relief? 4-Way Circuit Split over Standard — Declining Jurisdiction in Absence of Parallel State Case Hits “Outer Boundary” of Court’s Discretion

Reifer v. Westport Ins. Corp., 751 F.3d 129 (3d Cir. 2014): Appellant Westport Insurance Corporation ("Westport") appeals the District Court for the Middle District of Pennsylvania's decision declining to exercise jurisdiction over the instant case and its Order dismissing the…
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Attorney-Client Privilege — Internal Investigation Mandated by Law, Supervised by Inhouse Counsel, Conducted by Non-Lawyers Privileged Despite No Corporate Miranda Warnings — Test : Was A Primary Purpose to Obtain Legal Advice?

In re Kellogg, Brown & Root, Inc., 2014 U.S. App. LEXIS 12115 (D.C. Cir. June 27, 2014): More than three decades ago, the Supreme Court held that the attorney-client privilege protects confidential employee communications made during a business's internal investigation …
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Removal — While Post-Removal Amendment May Cure Defective Jurisdictional Allegations, It Can’t Create Jurisdiction Where None Existed at Filing and Case Hasn’t Been Tried — Rule 12 Dismissal ≠ Trial (Good Quote)

Camsoft Data Sys., Inc. v. S. Elec. Supply, Inc., 2014 U.S. App. LEXIS 11596 (5th Cir. June 19, 2014): IV. Remand Our analysis does not end with the improper removal, however, because Appellants argue that the subsequently pleaded federal causes…
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Arbitration — Stay vs. Dismissal of Action upon Granting of Motion to Compel (Circuit Split as to What FAA § 3 Mandates) — Dispositive Difference for Appellate Jurisdiction Purposes

Johnmohammadi v. Bloomingdale’s, Inc., 2014 U.S. App. LEXIS 11743 (9th Cir. June 23, 2014): This is a class action brought by plaintiff Fatemeh Johnmohammadi to recover unpaid overtime wages from defendant Bloomingdale's, Inc., her former employer. All of Johnmohammadi's claims…
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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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