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

Legal Malpractice — New York’s 3-Year Statute of Limitations Accrues upon Injury, Not Discovery — Continuous Representation Exception Unsatisfied Where 4-Year Gap between Advice and Engagement to Defend IRS Attack on It

Landow v. Snow Becker Krauss, PC, 2013 N.Y. App. Div. LEXIS 7654 (2d Dept. Nov. 20, 2013): On March 5, 2003, the defendants, Richard Reichler, Snow Becker Krauss, P.C., and Meltzer, Lippe, Goldstein, and Breitsone, LLP, allegedly advised the plaintiff…
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Experts — Improper Supplementation under Rule 26(e) — Factors for Assessing Whether Rule 16(f) Sanctions Should Issue — Harmless Error / Substantial Justification under Rule 37(c)(1) — Factors — Good Quote (Loophole)

Burger v. Excel Contractors, 2013 U.S. Dist. LEXIS 153535 (D. Nev. Oct. 25, 2013): Plaintiff alleges he is entitled to damages for injuries sustained as the result of an automobile collision. *** Defendants' request an order striking the March 19,…
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Rule 16(f) Sanctions for Violation of Protective Order — Standards — Allocation between Client and Counsel — Delaying Production beyond, and Conducting Discovery after, Cut-Off Date Violates 16(f) — Good Quotes

Rahbarian v. Cawley, 2013 U.S. Dist. LEXIS 171123 (E.D. Cal. Dec. 2, 2013): The Court heard argument on Plaintiffs' Motion to Reopen Discovery, to Impose Sanctions, and to Obtain a Protective Order to Preserve Evidence, (ECF No. 59), on September…
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Supreme Court: Forum Selection Clause Essentially Inviolable — Enforced via § 1404(a) or Forum Non Conveniens — Propriety of Venue under § 1406(a) or Rule 12(b)(3) Determined under § 1391 or Other Apt Venue Statute

Atlantic Marine Constr. Co. v. U.S. District Court, 2013 U.S. LEXIS 8775 (U.S. Dec. 3, 2013): The question in this case concerns the procedure that is available for a defendant in a civil case who seeks to enforce a forum-selection …
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Sanctions — Penal vs. Issue-Related — Differing Standards & Burdens — Due Process Satisfied by Court Warnings at Hearing — What theRule 26(e)(1) Duty to Correct Requires — Failure to Identify What Is Being Corrected Violates Duty

Johnson v. BAE Sys., Inc., 2013 U.S. Dist. LEXIS 170092 (D.D.C. Nov. 27, 2013): This matter comes before the Court on Defendants' Motion for Sanctions, Plaintiff's Opposition, and Defendants' Reply. The defendants ask this Court to impose sanctions pursuant to …
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Spoliation — Fourth Circuit Standard — Intentionality But Not Bad Faith — Failure to Trigger Duty to Preserve Bars Sanction for Routine Recycling — Spoliation, Alone, No Ground for Civil Cause of Action under Federal or Admiralty Law

Turner v. United States, 2013 U.S. App. LEXIS 23349 (4th Cir. Nov. 20, 2013): The district court properly denied Ms. Turner's motion for sanctions based on spoliation. Spoliation is a rule of evidence, and the decision to impose sanctions 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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