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

Attorney-Client Privilege/Work Product — Waiver — Inadvertent Disclosure Made Prior to Commencement of Litigation Is Not Made “In a Federal Proceeding” and Isn’t Governed by Fed. R. Evid. 502(b)

Joubert v. Hussain, 2019 U.S. Dist. LEXIS 162073 (S.D. Ga. Sept. 23, 2019): Before the Court are Defendants Zachary Hussain, Sondy Lawrence, Tina Bland, Victory Duncan, Jim Hannah, Harriet Coles, Michael Newman, Cheri Newman, Lisa Childs, Waylon Cawley, and Edna…
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RICO Enterprise: Closed-Ended Continuity Requires 2 Years, But 2 Years, Alone, Insufficient (2d Cir.) — Open-Ended: Conclusory Allegation Schemes Are Defs’ Regular Way of Doing Business Insufficient — No Judicial Notice of Docs on Motion to Dismiss

Ambase Corp. v. 111 W. 57th Sponsor LLC, 2019 WL 4127342 (2d Cir. Aug. 30, 2019) (unpublished): SUMMARY ORDER Plaintiffs-Appellants AmBase Corporation, 111 West 57th Manager Funding LLC, and 111 West 57th Investment LLC (collectively, “AmBase”) appeal from the judgment…
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28 U.S.C. §1782: “Resides Or Is Found” = Limits of Personal Jurisdiction — Application to Non-Parties (Relationship betw. Contacts & Discovery) — §1782 Has Extraterritorial Reach, Like the Discovery Rules

In re del Valle Ruiz, 2019 U.S. App. LEXIS 30002 (2d Cir. Oct. 7, 2019): Banco Santander S.A. ("Santander") acquired Banco Popular Español, S.A. ("BPE") after a government-forced sale. Petitioners, a group of Mexican nationals and two investment and …
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The Existence of a Default Judgment against a Foreign State Can Establish Venue in the District in Which It Was Entered If the Foreign State Attempts to Open Up the Judgment (28 U.S.C. § 1391(f)(1))

Gater Assets Ltd. v. AO Gazsnabtranzit, 2019 U.S. Dist. LEXIS 167195 (S.D.N.Y. Sept. 27, 2019): Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's ("Plaintiff") attempt to enforce an arbitration award against Defendants AO Moldovagaz …
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Act of State Doctrine (Unlike Sovereign Immunity or Political Question) ≠ Jurisdictional or Abstention But Merits Issue — Bars Suit Only If Court Must Decide the Effect of Official Action by Foreign Sovereign

Mt. Crest Srl v. Anheuser-Busch Inbev Sa/Nv, 2019 U.S. App. LEXIS 26840 (7th Cir. Sept. 5, 2019): Mountain Crest SRL, LLC ("Mountain Crest"), brought this action, alleging that Anheuser Busch InBev SA/NV ("Anheuser-Busch") and Molson Coors Brewing Company ("Molson Coors")…
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Rule 701 vs. 702: Witness with Technical or Specialized Knowledge May Provide 701 Opinion Directly Related to Witness’s Personal Knowledge without Making 702 Expert Disclosure — Expert Opining as Such Must Make Timely Disclosure

Modern Auto. Network, LLC v. E. Alliance Ins. Co., 2019 U.S. Dist. LEXIS 161850Before the Court are Defendants' Motion for Summary Judgment, (ECF No. 32), Plaintiff's Motion to Strike, (ECF No. 35), and Defendants' Motion in Limine, (ECF No.…
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In Diversity Case, Does State or Federal Law Determine Whether Judge May Inform Jury of Effect of Its Findings? — Federal, Because It’s Procedural — Judge Not Required to, But May, Do So, in Instructions or Verdict Form

Ermini v. Scott, 2019 U.S. App. LEXIS 27206 (11th Cir. Sept. 10, 2019): This case arises out of a routine wellness check that went badly awry. The underlying episode began with three Lee County deputies stopping by to check on…
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Work Product Protection Can Be Waived by Oral Statements — Here, Public Statements — Sufficiently Specific to Be Tantamount to Public Disclosure of the Contents of the Protected Material [Privilege]

N.Y. Times Co. v. United States DOJ, 2019 U.S. App. LEXIS 29198 (2d Cir. Sept. 27, 2019): Plaintiffs-appellees The New York Times and reporter Charlie Savage (collectively "The Times") seek access under the Freedom of Information Act ("FOIA") to five …
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Recent Articles

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

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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