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

Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal…
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§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. ("Top Matrix" or…
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Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Finance Ltd. ("Petitioners") and their principal, Dmitry Rybolovlev,…
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Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of users and that, upon learning of this…
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Good Cause/Extraordinary Circs. Needed to Withdraw Consent to Magistrate Judge (§636(c)(4), Rule 73(b)(3)) Only After Adversary Consents, Else Is Discretionary — Decision of First Impression Doesn’t Change Law within Rule 60(b)(6), Is Retroactive

Parks v. Rohlfing, 2019 U.S. Dist. LEXIS 210958 (E.D. Cal. Dec. 6, 2019): ORDER On September 30, 2018, the court denied plaintiff's motion to withdraw his consent to a magistrate judge. ECF No. 101. Plaintiff now moves for reconsideration of…
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Whether Claimant’s Arbitration Concerns Same Dispute As Respondent’s Prior Arbitration with Others & Thus Must Be Heard by Same Panel Is for New Panel to Decide — Court Cannot Prejudge It by Compelling Arbitration before Old Panel

Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not…
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Rule 11 Sanctions — Filing Claim That Was Required To Be Asserted as Compulsory Counterclaim in Prior Action Is Frivolous, As Is Asserting As Grounds for Remand Argument Nearly Identical to One Earlier Rejected

Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home …
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Recent Articles

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Propoerty When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

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

Inherent 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

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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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