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

Spoliation: Failure to Stop 3rd Party Doc Destruction = Bad Faith Spoliation — § 285 Exceptional Case Award Limited to Fees Caused by Misconduct — Improper to Pay Fact Witnesses Contingently, unless Patent Assignment / License Involved

Rembrandt Techs., LP v. Comcast of Fla./Pa., LP (In re Rembrandt Techs. LP Patent Litig.), 2018 U.S. App. LEXIS 22689 (Fed. Cir. Aug. 15, 2018): This appeal derives from a multitude of patent infringement actions that plaintiffs-appellants Rembrandt Technologies,…
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28 U.S.C. § 1782’s “Resides Or Is Found” Requirement Is Satisfied Only If the Relationship of the Person to the District Would Warrant Exercise of Personal Jurisdiction over Him or Her

In re Ruiz, 2018 U.S. Dist. LEXIS 180262 (S.D.N.Y. Oct. 19, 2018): Petitioners in the above-captioned [*4]  actions have applied for court orders to conduct discovery for use in foreign proceedings, pursuant to Title 28, United States Code, Section …
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Rule 41(b) Dismissal without Prejudice Warranted for Refusal to Arbitrate as Ordered by Court — Circuit Has Jurisdiction Despite Microsoft — No Review of Interlocutory Orders After Dismissal for Failure to Prosecute

Griggs v. S.G.E. Mgmt., LLC, 2018 WL 4625167 (5th Cir. Sept. 27, 2018): 1 When Plaintiff-Appellant Jernard Griggs began working as an Independent Associate (“IA”) for Ignite, he agreed to Ignite’s Policies & Procedures, which includes an arbitration clause covering…
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Even When Intentional Spoliation Occurs, Court Has Discretion Not to Issue Adverse Inference Instruction Or Other Severe Sanction — Ultimately, Significance of Spoliation Evidence Is for the Jury to Weigh

Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant-Appellee, Brian Welch, …
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When District Court May Sanction for Frivolous Appeal — Class Actions: Sanctions for Objector Blackmail — Failure to Accept Stip As Proof of Bad Faith — Misrep + Frivolousness = Bad Faith—FRAP 7 (Appeal Bond) Requires Dist Ct to Prejudge Appeal

In re Petrobras Secs. Litig., 2018 U.S. Dist. LEXIS 161898 (S.D.N.Y. Sept. 21, 2018): Those who file objections to class action settlements may themselves be pursuing widely varying objectives, ranging from the useful to the self-serving. On the positive…
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Privilege: Intentional Waiver by Predecessor Corp. (1 of 2 Merging Cos.) Extends to Post-Merger Communications on Same Subject Matter by Successor — 502(b) Fairness Is Touchstone — Mandamus Apt for Issue of First Impression

In re OptumInsight, Inc., 2017 U.S. App. LEXIS 13483, 2017 WL 3096300 (Fed. Cir. July 20, 2017): This petition arises out of an order of the United States District Court for the Northern District of California compelling OptumInsight, Inc.…
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Rule 37 Does Not Excuse Party from Appearing for Properly-Noticed 30(b)(6) Deposition Simply by Objecting, But Does Not Require Sanctions, Either — Choice of Sanction Should Be Guided by Concept of Proportionality (Good Quote)

Ranowsky v. Nat’l R.R. Passenger Corp., 2018 WL 3894287 (D.C. Cir. Aug. 14, 2018) (unpublished): *1 In the midst of an extensive restructuring at the Office of the Inspector General for Amtrak, Kathleen Ranowsky was fired from her job as…
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Recent Articles

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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