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

Presumption of Access to Judicial Records Inapplicable to Those Filed under Seal with a Non-Dispositive Motion, But Daubert Motion Filed with Summary Judgment Motion May Be Dispositive

In re Midland Nat’l Life Ins. Co. Annuity Sales Pracs. Lit., 2012 U.S. App. LEXIS 15334 (9th Cir. July 25, 2012): The district court presided over four class action cases, each brought by the same plaintiffs’ counsel. Plaintiffs asserted similar…
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Inherent Power Sanctions —Party’s Unfounded Attack on Settlement Agreement, Like Unfounded Attack on Arbitration Award, Is Vexatious — Settlement Agreement Predicated on Confidentiality of Terms Justifies Sealing Order

Seals v. Herzing Inc., 2012 U.S. App. LEXIS 13390 (5th Cir. June 29, 2012): A two-day arbitration hearing was scheduled. Seals proceeded pro se prior to the hearing, but he retained counsel for the hearing itself. On the hearing’s second…
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Court May Appoint Arbitrator under FAA and New York Convention Any Time There Is a “Mechanical Breakdown” in the Arbitrator Selection Process unless an Integral Forum Selection Clause Has Failed

BP Exploration Libya Ltd. v. ExxonMobil Libya Ltd., 2012 U.S. App. LEXIS 15706 (5th Cir. July 30,2012): BP Exploration Libya Limited (“BP”), ExxonMobil Libya Limited (“Exxon”), and Noble North Africa Limited (“Noble”) are entangled in a disagreement over the appointment…
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Sanctions — Lead Counsel Responsible for Discovery Failures, Cannot Shift Blame — Rule 37 Motion Puts Counsel on Notice of Personal Risk — No Defense That He Didn’t Instruct Client Not to Comply — No Right to Oral Argument in Second Circuit

Rates Technology, Inc. v. Mediatrix Telecom, Inc., 2012 U.S. App. LEXIS 15489 (Fed. Cir. July 26, 2012): This appeal arises from the imposition of discovery sanctions against James B. Hicks. Mr. Hicks was the lead attorney for Rates Technology, Inc.…
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28 U.S.C. § 1782 Contains No Requirement That the Evidence Sought Be Admissible in the Foreign Proceeding — Good Quote on Abuse of Discretion Standard

Brandi-Dohrn v. IKB Deutsche Insustriebank AG, 673 F.3d 76 (2d Cir. 2012): Petitioner-Appellant Anselm Brandi-Dohrn appeals from an Order dated November 16, 2011 *** granting Respondent-Appellee IKB Deutsche Industriebank AG’s motion to quash subpoenas issued pursuant to 28 U.S.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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