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 Proximate Cause — Substantial Factor Test — Needn’t Be Sole Cause — Small Business Enterprise Subcontractor Whose Prime Lost Bids Due to SBE Fraud by Other Subs and Their Prime States Claim — Good Bridge v. Phoenix Bond Analysis

Corcel Corp. v. Ferguson Enters., Inc., 2014 U.S. App. LEXIS 2385 (11th Cir. Feb. 7, 2014): Appellant-Plaintiff Corcel Corporation, Inc. ("Corcel") sued Appellees-Defendants Ferguson Enterprises, Inc. ("Ferguson"), Line–Tec, Inc. ("LT") and AKA Services, Inc. ("AKA") (collectively "the defendants") for alleged…
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Spoliation — Range of Sanctions Available Depending on Culpability — Bad Faith Not Prerequisite to Adverse Inference Instruction in Sixth Circuit — Meaning of Abuse of Discretion

Ross v. Am. Red Cross, 2014 U.S. App. LEXIS 1827 (6th Cir. Jan. 27, 2014): We review a district court's decision not to impose spoliation sanctions for abuse of discretion, "'[g]iving great deference to the district court's credibility determinations and…
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Sanctions — Rule 37 and Spoliation Standards in Second Circuit — Bad Faith and Consideration of Lesser Alternatives Prerequisite to Dismissal — Contractual Right to Attorneys’ Fees for Prevailing Party Enforceable in New York

Metro Found. Contractors, Inc. v. Arch Ins. Co., 2014 U.S. App. LEXIS 589 (2d Cir. Jan. 13 2014): Metro Foundation Contractors, Inc., ("Metro") appeals the district court's judgment in favor of Marco Martelli Associates ("MMA") on its claims for breach…
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Must SEC Plead and Prove Scienter on a Claim That a Director or Officer Made a Materially False Statement to an Auditor? Circuit Split — Agency’s Interpretation of Own Rules Entitled to Controlling Weight If Consistent with Statute

SEC v. Goldstone, 952 F. Supp. 2d 1060 (D. N.M. 2013): 5. Deceit of Auditors. Exchange Act rule 13b2-2 "provides that directors or officers shall not make or cause to be made a materially misleading statement or omission to …
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Website Evidence / Pleading and Practice — Court May Not Take Judicial Notice of Website That Is Not Self-Authenticating on Dismissal Motion in Third Circuit — Authentication Required

McGown v. Silverman & Borenstein, PLLC, 2014 U.S. Dist. LEXIS 12823 (D. Del. Feb. 3, 2014): While McGown conclusorily states S&B is a "debt collector" in her Complaint, she further details collection activities undertaken by S&B including collection activities for…
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Recent Articles

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

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)

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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