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

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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Spoliation — Sixth Circuit Standards — Relevance = More Than Rule 401 — Definition of Abuse of Discretion — Back-Up Tapes Used Only for Disaster Recovery May Be Recycled — Intentional Destruction after Duty Attaches Is Willful

Automated Solutions Corp. v. Paragon Data Sys., 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014): "A federal court's inherent powers include broad discretion to craft proper sanctions for spoliated evidence." Adkins v. Wolever, 554 F.3d 650, 651 (6th…
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Recent Articles

§ 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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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