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

Text Authentication: Two Recipients Had Programmed Sender’s Name/No. into Their Cells & Shared with Each Other Identical Texts He Sent, One Then Conversed by Text with Him — Party’s Texts=Admissions — 403 If Improper Basis for Verdict Suggested

State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND1
State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND…
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RICO Extraterritoriality — While Injury Involving Tangible Property Is Suffered at Location of Property (2d Cir.), Injury Involving Intangible Property Is Suffered at Residence of Plaintiff (7th Cir.)

Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts ...
Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts with an Indian mining company, but the…
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FRAP 38 Sanctions Inappropriate If Appeal Presents a Substantial Issue of First Impression in the Court of Appeals

  D'Amico Dry, Ltd. v. Primera Maritime (Hellas), Ltd., 2018 U.S. App. LEXIS 7902, 2018 WL 1526356 (2d Cir. Mar. 29, 2018): Plaintiff-Appellant d'Amico Dry Limited ("d'Amico") is a shipping company and Defendant-Appellee Primera Maritime (Hellas) Limited ("Primera") is a ship management ...
D'Amico Dry, Ltd. v. Primera Maritime (Hellas), Ltd., 2018 U.S. App. LEXIS 7902, 2018 WL 1526356 (2d Cir. Mar. 29, 2018): Plaintiff-Appellant d'Amico Dry Limited ("d'Amico") is a shipping company and Defendant-Appellee Primera Maritime (Hellas) Limited ("Primera") is a ship …
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Sufficient Text Authentication: Texts Sent to/from Defendant’s Number; They Appeared with Defendant’s Assigned Name on Recipient’s Phone; No One Else Allowed to Use Phone; Plus Contents/Context

Duvall v. State, 2018 Ark. App. 155 (2018): A Pulaski County jury convicted Michael Duvall, Jr., on two counts of rape, both against his daughter K.D. He was sentenced to a total of sixty years' imprisonment; the terms to run consecutively. He argues that the circuit court erred in admitting the testimony of three witnesses under ...
Duvall v. State, 2018 Ark. App. 155 (2018): A Pulaski County jury convicted Michael Duvall, Jr., on two counts of rape, both against his daughter K.D. He was sentenced to a total of sixty years' imprisonment; the terms to run…
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Sanctions: If Court Has Jurisdiction over Subject Matter & Person, Its Orders Must Be Complied with until Reversed Even If Issued without Authority (2 Cases) — Fees on Fees under § 1927 — Inherent Power OK Even If Rules Apt

Case No. 1 — Sanctions Against Counsel Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n, 2018 WL 1559980 (10th Cir. Mar. 30, 2018) (amended opinion):
Case No. 1 — Sanctions Against Counsel Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n, 2018 WL 1559980 (10th Cir. Mar. 30, 2018) (amended opinion): BACHARACH, Circuit Judge. *1 These matters are before us, sua sponte, to withdraw and…
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Texts Authenticated by Recipient, by Downloader Who Compared Line-by-Line Messages on Phone with Those on Computer, by Phone No., by Actions Consistent with Texts — No Need to Authenticate Computer Program: Texts Not Computer-Generated Evidence

People v. Ziemba, 2018 IL App (2d) 170048, 2018 Ill. App. LEXIS 157 (Ill. Ct. App. Mar. 23, 2018):  [*P1]  Following a bench trial, defendant, Eric F. Ziemba, was found guilty of involuntary sexual servitude of a minor (
People v. Ziemba, 2018 IL App (2d) 170048, 2018 Ill. App. LEXIS 157 (Ill. Ct. App. Mar. 23, 2018):  [*P1]  Following a bench trial, defendant, Eric F. Ziemba, was found guilty of involuntary sexual servitude of a minor (720 …
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Internet Evidence — 2-Step Process: Authentication & Admissibility — Requisite Authentication — Judicial Notice of Filings with Gov’t for Fact of Publication, Not Truth

Aaron & Andrew, Inc. v. Sears Holdings Mgmt. Corp., 2018 U.S. Dist. LEXIS 49716 (C.D. Cal. Mar. 26, 2018): I. INTRODUCTION On February 14, 2014, Plaintiffs Aaron ...
Aaron & Andrew, Inc. v. Sears Holdings Mgmt. Corp., 2018 U.S. Dist. LEXIS 49716 (C.D. Cal. Mar. 26, 2018): I. INTRODUCTION On February 14, 2014, Plaintiffs Aaron & Andrew, Inc. and Aaron Design, Inc. (collectively, "Plaintiffs") filed a…
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Internet Evidence Admitted on SJ under 807 — Search Results from Parties’ Websites and Amazon Like to Be Trustworthy Because of Sellers’ Interest in Accurately Representing Products — 12(f) Motions to Strike Disfavored as Way to Avoid Page Limits

Uncommon, LLC v. Spigen, 2018 U.S. Dist. LEXIS 48806 (N.D. Ill. Mar. 26, 2018): Plaintiff Uncommon, LLC sued Defendant Spigen, Inc. for using the trademarked term "Capsule" in the names of its cell phone cases, the same product that Plaintiff sells under the Capsule mark. Plaintiff brings claims for trademark infringement an ...
Uncommon, LLC v. Spigen, 2018 U.S. Dist. LEXIS 48806 (N.D. Ill. Mar. 26, 2018): Plaintiff Uncommon, LLC sued Defendant Spigen, Inc. for using the trademarked term "Capsule" in the names of its cell phone cases, the same product that Plaintiff…
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RICO Predicate Acts: Does the Wire Fraud Statute (18 U.S.C. § 1343) Apply Extraterritorially? — Circuit Split

Goltv, Inc. v. Fox Sports Latin Am., 2018 U.S. Dist. LEXIS 29836 (S.D. Fla. Jan. 26, 2018): THIS CAUSE came before the Court at a December 15, 2017 hearing [ECF No. 288] on De ...
Goltv, Inc. v. Fox Sports Latin Am., 2018 U.S. Dist. LEXIS 29836 (S.D. Fla. Jan. 26, 2018): THIS CAUSE came before the Court at a December 15, 2017 hearing [ECF No. 288] on Defendants, Fox Sports Latin America, Ltd.…
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Crime-Fraud Exception Can Overcome Work Product Protection Where Only Lawyer/Law Firm Engaged in the Misconduct, and Clients Did Not — Balancing Test Applied — No Claims of Attorney-Client Privilege at Issue

Drummond Co. v. Conrad & Scherer, 2018 U.S. App. LEXIS 7318 (11th Cir. Mar. 23, 2018): Drummond, Inc., sued Conrad & Scherer, LLP ("C&S"), a law firm, and its partner, Terrence Collingsworth, ...
Drummond Co. v. Conrad & Scherer, 2018 U.S. App. LEXIS 7318 (11th Cir. Mar. 23, 2018): Drummond, Inc., sued Conrad & Scherer, LLP ("C&S"), a law firm, and its partner, Terrence Collingsworth, for defamation. In this appeal, C&S…
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Recent Posts

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

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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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