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

Expert Whose Report Is Attached to and Incorporated in Earlier Iteration of Complaint Is Subject to Deposition Even If Not Identified as Testifying Expert

In re iPhone, iPad App. Consumer Privacy Litig., 2012 U.S. Dist. LEXIS 166711 (N.D. Cal. Nov. 21, 2012): In this multi-district consolidated class action suit, Plaintiffs Isabella and Alejandro Capiro (“Capiros”) seek a protective order to prevent Defendant Apple, Inc.…
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Sanctions — Due Process Notice Requirement Unsatisfied Where Court Relied on Warnings and Sanctions Imposed in Earlier Case Because Earlier Judge Did Not Deal with the Specific Conduct in the Current Case

Truong v. Nguyen, 2012 U.S. App. LEXIS 23827 (2d Cir. Nov. 20, 2012): “Due process requires that courts provide notice and opportunity to be heard before imposing any kind of sanctions.” Schlaifer Nance & Co. v. Estate of Warhol, 194…
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Case Removable Because It “Relates to” Arbitration Is Not Necessarily “Referable” to Arbitration — Binding Non-Signatories to Arbitration — Significance of Whether Signatory or Non-Signatory Moving to Compel

Reid v. Doe Run Resources Corp., 2012 U.S. App. LEXIS 23281 (8th Cir. Nov. 13, 2012) (note: The facts of this case are excerpted in our November 21, 2012 posting) Doe Run argues that the district court erred by denying…
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Removal: New York Convention Permits Removal If Case Is “Related to” Arbitration Even If Dispute Is Not Itself Arbitrable — Issue Is Whether Arbitration “Could Conceivably Affect the Outcome of the Case” — Need Not Have Preclusive Effect

Reid v. Doe Run Resources Corp., 2012 U.S. App. LEXIS 23281 (8th Cir. Nov. 13, 2012): Doe Run Resources and its affiliates operated a smelting facility in Peru. The facility’s pollution allegedly injured the plaintiffs. A Doe Run associate, Renco,…
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Mandamus as Tool to Challenge Denial of Protection for Confidential Data — Bar Against One Lawyer’s Access Because He/She Is “Competitive Decisionmaker” for Client Not Imputed to Law Firm — Model Rules’ Imputation Rejected

In re Dell Inc., 2012 U.S. App. LEXIS 22155 (Fed. Cir. Oct. 23, 2012): This is an unusual case involving whether a bar precluding an attorney from accessing confidential information on the ground that he is a “competitive decisionmaker” must…
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Experts — District Court’s Failure to Make Gateway Determinations of Relevance and Reliability Mandates Reversal — “The Decision To Admit Or Exclude Expert Testimony Is Often The Difference Between Winning And Losing A Case” (Good Quotes)

Barabin v. AstenJohnson, Inc., 2012 U.S. App. LEXIS 23528 (9th Cir. Nov. 16, 2012): Compliance with Rule 702 is gauged by the district court’s assessment of the reliability of the proffered expert testimony. See Daubert, 509 U.S. at 589. Specifically,…
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Parties Planning to Give Expert Testimony Must File Rule 26(a)(2)(C) Disclosure — Lack of Candor in Retained Expert’s Report Is Grounds for Exclusion under Daubert and Kumho

Martinez v. Garcia, 2012 U.S. Dist. LEXIS 158220 (N.D. Ill. Nov. 5, 2012) :Martinez’s Dkt. No. 158 seeks to bar the two opinion witnesses designated by the “Medical Defendants,” Dr. Parthasarathai Ghosh and LaTonya Williams (“Williams”). Those proposed witnesses comprise…
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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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