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

Negligent Spoliation — Sanctions — Deeming Certain Facts Admitted and Precluding Certain Arguments Does Not Prevent Summary Judgment in Favor of Spoliator — Bad Faith Required for Adverse Inference in Seventh Circuit

Northington v. H & M Int’l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether…
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Mohawk Bars Collateral Order Review of Adverse Privilege Decision Entered against Non-Party as Well as Party — Perlman Review Also Unavailable to Parties Where Subpoenas Served on Counsel Who Gave the Advice Parties Rely on as Defense

United States v. Copar Pumice Co., Inc., 2013 U.S. App. LEXIS 9148 (10th Cir. May 6, 2013): This is an interlocutory appeal arising out of an action filed by the United States against Defendants Kelly Armstrong, Debbie Cantrup, Richard Cook,…
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If 30(b)(6) Witness Adequately Prepared, Others May Testify at Trial on Subjects the 30(b)(6) Lacked Knowledge of — Experts Designated for Non-Trial Purposes (e.g., Class Cert) But Not Trial May Testify on Rebuttal at Trial

Abu Dhabi Commercial Bank v. Morgan Stanley & Co., 2013 U.S. Dist. LEXIS 38787 (S.D.N.Y. Mar. 20, 2013): A. Testimony of Plaintiffs’ Witnesses on Subjects About Which Their 30(b)(6) Designees Disclaimed Knowledge Defendants argue that plaintiffs should be precluded from…
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Despite Bankruptcy Court’s Inability to Impose Criminal Contempt for Acts Outside Its Presence, Injunction of State Court Case Upheld — Elements of Civil Contempt — Civil vs. Criminal Contempt

In the Matter of Lothian Oil, Inc. (Grossman v. Belridge Grp.), 2013 U.S. App. LEXIS 9353 (5th Cir. May 8, 2013): Appellants/Cross-Appellees-the Anti-Lothian Bankruptcy Fraud Committee, Israel Grossman, and other individuals and entities-challenge a bankruptcy court’s order enjoining their prosecutions…
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Early Reports from Expert That Are Not Drafts of 26(a)(2)(B) Report Are Not Protected from Discovery — Interrogatories Seeking Expert Information Prior to Expert Disclosure Date Set by Court Are Premature

Amco Ins. Co. v. Mark’s Custom Signs, Inc., 2013 U.S. Dist. LEXIS 53803 (D. Kan. April 16, 2013): This is an insurance subrogation claim brought by Plaintiff against the named Defendants resulting from a fire occurring on April 3, 2009,…
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RICO Pleading & Iqbal — Plausibility Does Not Require Negating Every Improbable Alternate Inference — Statute of Limitations — Mere Hunch ≠ Grounds to Investigate — Failure to Find Lawsuit May Not Reflect Lack of Diligence

Cohen v. S.A.C. Trading Corp., 2013 U.S. App. LEXIS 6798 (2d Cir. April 3, 2013): Patricia and Steven were married in 1979. At the time, Steven was a trader at Gruntal & Co. (“Gruntal”). In January 1986, Steven created S.A.C.…
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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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