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

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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Facebook Authentication — Pennsylvania Adopts Circumstantial Approach — Mere Fact Page Bears Name, Hometown & High School Insufficient to Link It to Alleged Account Holder Absent Contextual Clues Or Evidence S/he Created Account/Sent Messages

Commonwealth v. Mangel, 2018 Pa. Super. LEXIS 225, 2018 PA Super 57 (Pa. Super. Ct. Mar. 15, 2018): The Commonwealth of Pennsylvania appeals from the Order denying its Motion in Li ...
Commonwealth v. Mangel, 2018 Pa. Super. LEXIS 225, 2018 PA Super 57 (Pa. Super. Ct. Mar. 15, 2018): The Commonwealth of Pennsylvania appeals from the Order denying its Motion in Limine to introduce Facebook posts and messages allegedly authored …
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Recent Posts

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

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

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

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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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