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

Social Media Video — Silent Witness Theory of Authentication / Admissibility — Unedited Videos Compiled from Party’s Phone Showing Party Sufficiently Authenticated without Proof of Process of Reproduction — Judge vs. Jury Roles [R. 104(a) vs.(b)]

Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgomery County of human trafficking by force and benefitting financially from human trafficking. …
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Texts — Admissibility: Offer to Buy Cocaine ≠ Hearsay [I.e., Is a Verbal Act] — Authentication by Recipient Who Recognized Number As One He’d Used to Converse with Sender, and Sender’s Acts in Compliance with Text, Enough

Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence entered following his jury trial convictions for possession with intent to deliver ("PWID") [controlled substances] …
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Sanctions: Failure to Honor Safe Harbor Dooms R. 11 Motion — No Bad Faith for Inherent Power Where Claim Survived Dismissal Motion — A Single Amended Complaint, No Delay in Discovery, Then Prompt Dismissal of Claims ≠ §1927 Multiplicity

PER CURIAM: Akira Techs., Inc. v. Conceptant, Inc., 2019 WL 2024830 (4th Cir. May 8, 2019) (unpublished): Appellants Conceptant, Inc., NuCognition, Inc., Joshua Phipps, Andrey Mikhalchuk, and Lisa Houle appeal the district court’s order denying their motion for attorney’s fees…
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Rule 11 Sanctions for Stubbornly Pursuing Time-Barred Claim Despite Judicial Warning — Order to Show Cause for FRAP 38 Sanctions for Even More Frivolous Arguments on Appeal & Not Even Responding to 1 Dispositive Argument

Veit v. Frater, 2019 U.S. App. LEXIS 10711, 2019 WL 1568077 (7th Cir. April 11, 2019) (unpublished): In Veit v. Frater, 715 F. App'x 524 (7th Cir. 2017), we vacated the district court's decision that claim preclusion …
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Arbitration — By Signing NY Convention, Sovereign Waives Immunity from Enforcement in Other Signatory States, Per 28 U.S.C. §1605(a)(1) — No Waiver by Signing Int’l Agreement Not Mentioning Waiver — Waiver vs. Arb. Exceptions in §1605

Tatneft v. Ukr., 2019 U.S. App. LEXIS 15787 (D.C. Cir. May 28, 2019): J U D G M E N T This case was considered on the record from the United States District Court for the District of Columbia,…
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Confidentiality of Litigation Docs—3 Standards: Rule 26(c), Common Law Right of Access, 1st Amendment — Judicial Records, Including Summary Judgment Exhibits, Presumptively Available under Common Law Rt. — Unclear If 1st Amend. Applies to SJ Exhs.

In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 2019 U.S. App. LEXIS 14794, 2019 WL 2119630 (3d Cir. May 15, 2019): Following a decision of the District Court granting summary judgment to GlaxoSmithKline LLC ("GSK"), the losing…
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Privilege & Work Product Apply to Public Relations Firm — Log Must Show All Elements of Priv. — Detailed Discussion of Fiduciary Exception (Inapt in Securities Fraud Case), Waiver, Predominant Business v. Legal Purpose, Crime-Fraud

Pearlstein v. Blackberry Ltd., 2019 U.S. Dist. LEXIS 45098, 2019 WL 1259382 (S.D.N.Y. March 19, 2019): OPINION AND ORDER REGARDING BLACKBERRY'S PRIVILEGE DESIGNATIONS KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE BACKGROUND This case is a putative class action alleging…
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Arbitration — 2-Step Analysis: Whether (1) Parties Entered into Arb. Agreement, (2) If So, It Delegates to Arbitrator Issue of Arbitrability? — Whether Litigant Is Subrogated to Arb. Agmt. Is Step (1) Question — Schein Affects Step (2) Only

Lloyd's Syndicate 457 v. FloaTEC, L.L.C., 2019 U.S. App. LEXIS 11256 (5th Cir. April 17, 2019): This case concerns a disputed siting of Big Foot in the Gulf of Mexico. We refer to a floating oil-drilling platform that rests …
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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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