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

Rule 37(c)(1) Sanctions: District Judge’s Review Magistrate of Judge’s Decision Is for Abuse of Discretion — 5-Factor 37(c)(1) Test (6th Cir.) — Can Timely Production (within Fact Discovery Period) Still Be Sanctionably Late? (Footnote 7)

Bisig v. Time Warner Cable, Inc., 2019 WL 4894348 (6th Cir. Oct. 4, 2019): *1 This case is about promises made, promises broken, and disclaimers signed. And it is a reminder that not every broken promise occasions a legal remedy.…
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Experts: Rule 37(c)(1) Discretion Inapt If Late-Disclosing Party Fails to Show Good Cause to Modify Protective Order Deadline for Expert Reports, Necessitating Exclusion — 2-1 Eighth Circuit Decision

Petrone v. Werner Enters., 2019 U.S. App. LEXIS 30344 (8th Cir. Oct. 10, 2019): Philip Petrone and others (collectively, Plaintiffs) filed a class action against Werner Enterprises, Inc. and Drivers Management, LLC (collectively, Defendants) arising out of an eight-week student-driver …
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Facebook Authentication: Photos on Social Media Subject Only to Traditional [Fair-and-Accurate-Portrayal] Test Where Sole Proffer Is the Images, Not As Part of a Social Media Statement by the Ostensible Page Owner

United States v. Vázquez-Soto, 2019 U.S. App. LEXIS 29495 (1st Cir. Oct. 1, 2019): After a six-day trial and four days of deliberation, a jury convicted appellant Rodolfo Vázquez-Soto on two counts of making false statements and one count of …
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Forum Selection Clause Requiring Litigation in Federal Court Unless Court Lacks Jurisdiction Trumps Forum Defendant Rule, Which Is Procedural & Doesn’t Affect Subject Matter Jurisdiction

Capital Rest. Grp., LLC v. Burger King Corp., 2019 U.S. Dist. LEXIS 176821 (S.D. Fla. Oct. 11, 2019): This matter is before the Court on Defendant Burger King Corporation's motion to dismiss. (ECF No. 9.) The Plaintiff filed a response…
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Daubert — While District Court Must Create a Record & Articulate Its Basis for Rulings on Expert Evidence, Belated Explanation in Order Denying New Trial Sufficient

United States v. Hodge, 2019 U.S. App. LEXIS 23715 (5th Cir. Aug. 8, 2019): After a five-week trial on False Claims Act and Financial Institutions Reform, Recovery and Enforcement Act claims, the government secured judgments and penalties that totaled nearly …
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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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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

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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