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

Transmittal of Letter Drafted by Counsel Does Not Waive Privilege as to Investigation and Communications Leading up to Letter — Lawyer’s Testimony as to Process Insufficient

Le v. City of Wilmington, 480 Fed. Appx. 678 (3d Cir. 2012): c) Attorney-client privilege Finally, Le asserts that the District Court erred in refusing to compel testimony from a former lawyer working in Wilmington’s legal department, Mr. Mili. During…
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Spoliation Sanctions Inapt against Individual Where Plaintiff Put Only Entity on Notice of Possible Claim, without Notifying Individual of Prospective Claim against Him Personally — 10th Circuit Requires Bad Faith for Adverse Inference Instruction

Smith v. Nichols, 2013 U.S. App. LEXIS 16 (10th Cir. Jan. 2, 2013): Plaintiff-Appellant Tommie Smith, an inmate in the custody of the Colorado Department of Corrections (“CDOC”), appeals a jury verdict denying his claims under 42 U.S.C. § 1983…
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Sanctions: Counsel Still Caused “Excess” Fees within § 1927 Despite 42 U.S.C. § 1988 Award against Client for Same Fees — Default in Responding to Motion Suffices as a Substitute for Required Finding of Bad Faith (1 Judge Dissenting)

Young Apartments, Inc. v. Town of Jupiter, 2013 U.S. App. LEXIS 383 (11th Cir. Jan. 7, 2013): Appellants William Tedards and Michael Weeks, two attorneys who represented their client, Plaintiff Young Apartments, in this civil lawsuit, appeal the district court’s…
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Entity May Appeal Privilege Order to Disclose Its Data Held by Former Employee But Not by Employees’ Counsel at Its Request — Perlman Unaffected by Mohawk (Circuit Split) — Reasonable-Basis-to-Suspect-Test for Crime-Fraud Excepttion

In re Grand Jury, 2012 U.S. App. LEXIS 25318 (3d Cir. Dec. 11, 2012): ABC Corp., John Doe 1, and John Doe 2 are subjects of an ongoing grand jury investigation into an alleged criminal tax scheme. As part of…
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Non-Signatory May Not Compel Arbitration Merely Because It Is an Agent of a Signatory, Even if Clause Extends to Agents — Dispute Must Arise Out of Agency — Equitable Estoppel to Compel Arbitration: Standards

Baldwin v. Cavett, 2012 U.S. App. LEXIS 22777 (5th Cir. Nov. 6, 2012): Clifford W. Cavett (“Cavett”), Larry A. Turner (“Turner”), and Robert J. Wyble (“Wyble”) are partners in the accounting firm Cavett, Turner & Wyble L.L.P. (“CTW”). According to…
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Sanctions Reversed Where Inference of Bad Faith Drawn in Part from Conduct of Others — “[O]nly Conduct Explicitly Referred to in the Instrument Providing Notice Is Sanctionable” —

Cameron Int’l Trading Co. v. Hawk Importers, Inc., 2012 U.S. App. LEXIS 22294 (2d Cir. Oct. 25, 2012): Movants J. Curtis Edmondson and Scott D. Frendel (collectively “movants”), defendants’ counsel in this matter, appeal from a January 18, 2011, memorandum…
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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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