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

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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Email Admissibility: Emails of Party Are 801(d)(2)(A) Admissions, and Incoming Emails Are Admissible for Effect on the Listener/Reader — Resume/CV Is Hearsay, But May Be Used to Refresh Recollection under 612

Hosse v. Sumner Cty. Bd. of Educ., LEXIS 44573, 2018 WL 1382539 (M.D. Tenn. Mar. 19, 2018) (Aspen, D.J.): The jury trial is scheduled to begin in this case on March 27, 2018 at 9:00 a.m. A fin ...
Hosse v. Sumner Cty. Bd. of Educ., LEXIS 44573, 2018 WL 1382539 (M.D. Tenn. Mar. 19, 2018) (Aspen, D.J.): The jury trial is scheduled to begin in this case on March 27, 2018 at 9:00 a.m. A final pretrial…
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YouTube Admissibility: Two Short Videos of Defendant Singing Violent Gang Rap Songs Relevant to Motive and Not Unduly Prejudicial

People v. Espinoza, 2018 Cal. App. Unpub. LEXIS 1825 (Cal. Ct. App. Mar. 20, 2018): I. Introduction A jury convicted defendant Luis Espinoza of first degree murder (Pen. ...
People v. Espinoza, 2018 Cal. App. Unpub. LEXIS 1825 (Cal. Ct. App. Mar. 20, 2018): I. Introduction A jury convicted defendant Luis Espinoza of first degree murder (Pen. Code, 187, subd. (a))[1] and found that, in the commission…
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Text Authentication — Messages from Number Recipient Associates with Sender, Contents Known Only to the Two of Them Is Sufficient — “The Possibility of An Alteration or Misuse by Another Generally Goes to Weight, Not Admissibility” (Good Quote)

State v. James, 2018 Neb. App. LEXIS 36, 2018 WL 1074879 (Neb. Ct. App. Feb. 27, 2018): I. INTRODUCTION After a bench trial, Ja'mario James was convicted of strangulation and terroristic threats. He was also found to be a habitual criminal pursuant to
State v. James, 2018 Neb. App. LEXIS 36, 2018 WL 1074879 (Neb. Ct. App. Feb. 27, 2018): I. INTRODUCTION After a bench trial, Ja'mario James was convicted of strangulation and terroristic threats. He was also found to be a habitual…
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Supreme Court: SLUSA Did Not Strip State Courts of Jurisdiction over 1933 Act Class Actions, Nor Did It Make Them Removable

Cyan, Inc. v. Beaver Cty. Emples. Ret. Fund, 2018 U.S. LEXIS 1912 (Mar. 20, 2018): This case presents two questions about the Securities Litigation Uniform Standards Act of 1998 (SLUSA), 112 Stat. 3227. First, did SLUSA strip state courts of jurisdiction over class actions alleging violations of only the Securities Act of 1933 ...
Cyan, Inc. v. Beaver Cty. Emples. Ret. Fund, 2018 U.S. LEXIS 1912 (Mar. 20, 2018): This case presents two questions about the Securities Litigation Uniform Standards Act of 1998 (SLUSA), 112 Stat. 3227. First, did SLUSA strip state courts of …
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Rule 37: Court May Order Party to Produce Non-Party Witness (Here, an Expert But Also Any Other Witness under the Party’s Control) & Impose Rule 37 Sanctions for Disobedience — Rule 45 Sanctions against Subpoenaed Witness Are Not Exclusive

Sali v. Corona Reg'l Med. Ctr., 2018 U.S. App. LEXIS 6768 (9th Cir. Mar. 19, 2018): The discovery process in theory should be cooperative and largely unsupervised by the district court. But when required d ...
Sali v. Corona Reg'l Med. Ctr., 2018 U.S. App. LEXIS 6768 (9th Cir. Mar. 19, 2018): The discovery process in theory should be cooperative and largely unsupervised by the district court. But when required disclosures aren't made or cooperation…
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Rule 45: Is a Subpoena Issued to a Non-Party Government Agency Subject to Review under the Administrative Procedure Act or Rules 45 and 26? — Circuit Split

Quiles v. Union Pac. R.R. Co., 2018 U.S. Dist. LEXIS 19244 (D. Neb. Feb. 6, 2018): This matter is before the Court on the United States' Motion to Quash Subpoenas (Filing No. 104). Upon consideration, the ...
Quiles v. Union Pac. R.R. Co., 2018 U.S. Dist. LEXIS 19244 (D. Neb. Feb. 6, 2018): This matter is before the Court on the United States' Motion to Quash Subpoenas (Filing No. 104). Upon consideration, the motion is granted.…
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RICO Causation: Not Enough That Plaintiff’s Injury Is Intended — Must Be Direct — Subcontractor Has No RICO Claim Based on Pattern of Racketeering of Property Owner’s Insurer & Its Agents to Reduce Payment to Subcontractor

Slay’s Restoration, LLC v. Wright Nat’l Flood Ins. Co., 2018 WL 1219618 (4th Cir. Mar. 9, 2018): *1 In this appeal, we hold that a subcontractor hired by a property owner’s contractor to repair flood damage to the owner’s property was not injured in its business or property by reason of
Slay’s Restoration, LLC v. Wright Nat’l Flood Ins. Co., 2018 WL 1219618 (4th Cir. Mar. 9, 2018): *1 In this appeal, we hold that a subcontractor hired by a property owner’s contractor to repair flood damage to the owner’s property …
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Judicial Notice of Internet Evidence — Contents of Website of Undisputed Authenticity, Not for the Truth But for Notice: To Show That the Information Was Publicly Available

United States ex rel. Hong v. Newport Sensors, Inc., 2016 U.S. Dist. LEXIS 188295 (C.D. Cal., May 19, 2016): MEMORANDUM* Relator Juan Hong, A Law ...
United States ex rel. Hong v. Newport Sensors, Inc., 2016 U.S. Dist. LEXIS 188295 (C.D. Cal., May 19, 2016): MEMORANDUM* Relator Juan Hong, A Law Corporation ("Relator") appeals from the dismissal of his qui tam False Claims Act …
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Rule 15(c)(1)(C) — Substitution of a Named Defendant for a Doe Defendant Does Not Relate Back — It Is a Change in Parties, Not a Substitution of Parties (Naming a Doe Defendant Is Not a Mistake Concerning the Proper Party’s Identity)

Reiner v. Canale, 2018 U.S. Dist. LEXIS 42301 (E.D. Mich. Mar. 15, 2018): Plaintiff TC Reiner first brought this copyright suit, alleging both infringement and wrongful removal of copyright information, against Saginaw Valley State University ("SVSU"), the Saginaw Valley State University Board of Control (&q ...
Reiner v. Canale, 2018 U.S. Dist. LEXIS 42301 (E.D. Mich. Mar. 15, 2018): Plaintiff TC Reiner first brought this copyright suit, alleging both infringement and wrongful removal of copyright information, against Saginaw Valley State University ("SVSU"), the Saginaw…
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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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