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

Complex Lit Blog

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

Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., 149 F.4th 1081 (9th Cir. 2025): *1085 The Defend Trade Secrets Act (“DTSA”) provides a federal cause of action for misappropriation of trade secrets. This appeal asks at what point in the case, and with how much particularity, a DTSA plaintiff must specify its purported trade secrets. By definitio ...
Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., 149 F.4th 1081 (9th Cir. 2025): *1085 The Defend Trade Secrets Act (“DTSA”) provides a federal cause of action for misappropriation of trade secrets. This appeal asks at what point in the case,…
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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

Amazon.com, Inc. v. WDC Holdings LLC, 2025 U.S. App. LEXIS 23883 (4th Cir Sept. 16, 2025): Amazon.com, Inc. and Amazon Data Services, Inc. (together, Amazon) sued two former employees, a real estate developer, and related individuals and entities, ...
Amazon.com, Inc. v. WDC Holdings LLC, 2025 U.S. App. LEXIS 23883 (4th Cir Sept. 16, 2025): Amazon.com, Inc. and Amazon Data Services, Inc. (together, Amazon) sued two former employees, a real estate developer, and related individuals and entities, alleging an…
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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

Pable v. Chi. Transit Auth., 2025 U.S. App. LEXIS 18688 (7th Cir. July 28, 2025): In this appeal, an attorney and client seek review of the court order sanctioning both of them for discovery misconduct. The case began when Christopher Pable, a soft ...
Pable v. Chi. Transit Auth., 2025 U.S. App. LEXIS 18688 (7th Cir. July 28, 2025): In this appeal, an attorney and client seek review of the court order sanctioning both of them for discovery misconduct. The case began when Christopher…
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Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

Shelly v. Fischer, 2025 U.S. App. LEXIS 18421 (7th Cir. July 24, 2025) (unpublished): ORDER In this consolidated appeal, Marzono Shelly, an Indiana prisoner, challenges the district court's orders in two cases that sanctione ...
Shelly v. Fischer, 2025 U.S. App. LEXIS 18421 (7th Cir. July 24, 2025) (unpublished): ORDER In this consolidated appeal, Marzono Shelly, an Indiana prisoner, challenges the district court’s orders in two cases that sanctioned him for knowingly submitting forged documents…
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§ 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?

Rowland v. Bible, 2025 U.S. App. LEXIS 16554 (9th Cir. July 7, 2025) (unpublished): Attorney Philip Brumley was sanctioned by the district court under
Rowland v. Bible, 2025 U.S. App. LEXIS 16554 (9th Cir. July 7, 2025) (unpublished): Attorney Philip Brumley was sanctioned by the district court under 28 U.S.C. § 1927 for submitting a signed affidavit that demonstrated a reckless disregard for providing …
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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

Gardner-Alfred v. FRB of N.Y., 2025 U.S. App. LEXIS 16275 (2d Cir. July 2, 2025): Defendant-appellee the Federal Reserve Bank of New York (the "Federal Reserve") declined the requests of plaintiffs-appellants Lori Gardner-Alfred and Jeanette Diaz f ...
Gardner-Alfred v. FRB of N.Y., 2025 U.S. App. LEXIS 16275 (2d Cir. July 2, 2025): Defendant-appellee the Federal Reserve Bank of New York (the “Federal Reserve”) declined the requests of plaintiffs-appellants Lori Gardner-Alfred and Jeanette Diaz for a religious exemption…
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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

Parrish v. United States, 145 S.Ct. 1664 (2025): In civil litigation, filing your notice of appeal too late deprives the court of appeals of jurisdiction over the appeal. Litigants who miss the appeal deadline because they do not timely rec ...
Parrish v. United States, 145 S.Ct. 1664 (2025): In civil litigation, filing your notice of appeal too late deprives the court of appeals of jurisdiction over the appeal. Litigants who miss the appeal deadline because they do not timely …
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Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Bilodeau v. Usinage Berthold, Inc., 2025 U.S. App. LEXIS 15893 (2d Cir. June 27, 2025) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, the August 9, 2024, judgment of the District Court is
Bilodeau v. Usinage Berthold, Inc., 2025 U.S. App. LEXIS 15893 (2d Cir. June 27, 2025) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, the August 9, 2024, judgment of the District Court is AFFIRMED. Plaintiff-appellee Tricia Bilodeau brought this action,…
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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

Chavez-Deremer v. Ascent Constr., Inc., 2025 U.S. App. LEXIS 14196 (10th Cir. June 10, 2025) (unpublished): ORDER AND JUDGMENT** In this civil action brought by the United Stat ...
Chavez-Deremer v. Ascent Constr., Inc., 2025 U.S. App. LEXIS 14196 (10th Cir. June 10, 2025) (unpublished): ORDER AND JUDGMENT** In this civil action brought by the United States Department of Labor (DOL) to enforce the Employee Retirement Income Security…
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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

Rice v. Chief Exam'r of the Ala. Dep't of Exam'rs of Pub. Accounts, 2025 U.S. App. LE ...
Rice v. Chief Exam’r of the Ala. Dep’t of Exam’rs of Pub. Accounts, 2025 U.S. App. LEXIS 15558, 2025 WL 1743708 (11th Cir. June 24, 2025) (unpublished): PER CURIAM: *1 In September 2019, Plaintiff Brian Rice received an appraisal…
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Recent Posts

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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