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

Attorney-Client Privilege Construed Narrowly in Connection with Agency Investigations — Log Must Set Forth Specific Facts Establishing Each Element of Privilege, Otherwise Waiver

EEOC v. BDO USA, LLP, 2017 U.S. App. LEXIS 23067 (5th Cir. Nov. 16, 2017): IT IS ORDERED that our prior panel opinion, EEOC v. BDO USA, L.L.P., 856 F.3d 356 (5th Cir. 2017), is WITHDRAWN, and the following opinion is SUBSTITUTED therefor. During the course of an employment discrimination investigation, the Equal Employ ...
EEOC v. BDO USA, LLP, 2017 U.S. App. LEXIS 23067 (5th Cir. Nov. 16, 2017): IT IS ORDERED that our prior panel opinion, EEOC v. BDO USA, L.L.P., 856 F.3d 356 (5th Cir. 2017), is WITHDRAWN, and the following opinion…
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Appeals Court Has Jurisdiction over Denial of Motion to Intervene If Is As of Right — Disqualification: Court May Look Through Generality of “Substantially Related” If It Has Specific Evidence Proving No Confidential Info of Former Client Used

Kirsch v. Dean, 2017 U.S. App. LEXIS 21257 (6th Cir. Oc.t 25, 2017): Defendant Robert Dean and Proposed Intervenor ZFX, Inc. jointly appeal: (1) a December 7, 2016 order denying Dean's motion to disqualify Middleton Reutlinger, the law firm representing Plaintiff Terri Kirsch, and to strike its filings; and (2) a June 7, 2 ...
Kirsch v. Dean, 2017 U.S. App. LEXIS 21257 (6th Cir. Oc.t 25, 2017): Defendant Robert Dean and Proposed Intervenor ZFX, Inc. jointly appeal: (1) a December 7, 2016 order denying Dean's motion to disqualify Middleton Reutlinger, the law firm representing …
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Sanctions: Motion for Reconsideration of Rule 11 Sanctions Not Punishable under § 1927 without Specific Finding of Conduct Tantamount to Bad Faith — Is Recklessness-Plus (9th Cir. § 1927 Standard) a Species of Bad Faith or Something Else?

Wavetronix, LLC v. Myers, 2017 WL 5643189 (9th Cir. Nov. 24, 2017): Blake S. Atkin, attorney for Wavetronix, LLC, (“Wavetronix”) appeals the district court’s orders sanctioning him pursuant to
Wavetronix, LLC v. Myers, 2017 WL 5643189 (9th Cir. Nov. 24, 2017): Blake S. Atkin, attorney for Wavetronix, LLC, (“Wavetronix”) appeals the district court’s orders sanctioning him pursuant to Federal Rule of Civil Procedure 11 (Rule 11),1 and…
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Rule 16(f) & Inherent Power Sanctions: Modest $5,000 Punitive Fine OK as Minimum Needed to Punish Disregard of Court Orders — Willful Disregard Is Tantamount to Bad Faith Whether Due to “Incompetence or Impertinence” (Goodyear Unmentioned)

Yaffa v. Weidner, 2017 WL 5593501 (11th Cir. Nov. 21, 2017): Deanna L. Weidner, an attorney representing the defendant and counter-claimant SunSouth Bank (“SunSouth”) in this action, appeals from a sanctions order that imposed a “fine” of $5,000 on Weidner personally. Weidner asserts that the sanctions were entered without ade ...
Yaffa v. Weidner, 2017 WL 5593501 (11th Cir. Nov. 21, 2017): Deanna L. Weidner, an attorney representing the defendant and counter-claimant SunSouth Bank (“SunSouth”) in this action, appeals from a sanctions order that imposed a “fine” of $5,000 on Weidner…
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Unreasonable Delay May Render Rule 37(c) Sanctions Motion Untimely — Meritlessness as Substantial Justification for Not Making 26(a)(1) Disclosures — Post-Judgment Motion to Amend Deemed a 60(b) Motion, Must Be Filed within a Year of Entry of Judgment

Bush v. Dept. of Human Servs., 2017 WL 5125624 (3d Cir. Nov. 6, 2017): *1 Gerald Bush appeals the District Court’s order denying three motions he filed after the dismissal of his fourth amended complaint—a “Complaint and Law,” which the District Court construed as a motion for sanctions; a “Request for Appoi ...
Bush v. Dept. of Human Servs., 2017 WL 5125624 (3d Cir. Nov. 6, 2017): *1 Gerald Bush appeals the District Court’s order denying three motions he filed after the dismissal of his fourth amended complaint—a “Complaint and Law,” which the…
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RICO Injury Contingent on Outcome of Bankruptcy Not Concrete Enough to Confer Standing — Attorney’s Fees Alone As Injury? — 9-Month Pattern of Predicates Too Short, Can’t Be Extended by Non-Fraudulent Conduct

Yucaipa Am. Alliance Fund I, LP v. Ehrlich, 2017 WL 5483163 (3d Cir. Nov. 15, 2017): This case involves events surrounding the bankruptcies of Allied Systems Holdings, Inc. and a dispute between hedge funds who hold portions of Allied’s first lien debt. Plaintiffs are two hedge funds managed by Yucaipa Companies, LLC, (colle ...
Yucaipa Am. Alliance Fund I, LP v. Ehrlich, 2017 WL 5483163 (3d Cir. Nov. 15, 2017): This case involves events surrounding the bankruptcies of Allied Systems Holdings, Inc. and a dispute between hedge funds who hold portions of Allied’s first …
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First-Filed Rule: Does the Date the Complaint Was Filed in State Court Control or the Date It Was Removed? — Circuit Split

Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties initiated litigation in Pennsylvania state court, and then seemingly reached an agreement resolving the m ...
Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties …
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Videotaped Witness Statement Admitted as Past Recollection Recorded: Wit. Lacked Current Recollection, Testified It Was He in the Video, Remembered Giving the Statement, Told the Truth, and the Matters Were Then Fresh in His Memory

Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of sexual battery, and one count each of sexual exploitation of a child, distribution of Hydromorphone, and ...
Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of…
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Circumstantial Twitter & Facebook Authentication: Photos, Including Selfies, on Page; Defendant’s Twitter Account Nickname Known in Community; Content (Dispute with Victim) Independently Corroborated

State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The Defendant argues (1) t ...
State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and…
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Sanctions: Rule 37 Does Not Require the Vain Gesture of Imposing Ineffective Lesser Sanctions before Dismissal Where Futility and Willfulness or Bad Faith Are Clear (Good Quote) — Meaning of Abuse of Discretion in Third Circuit

Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their
Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their 42 U.S.C. § 1983 complaint as a sanction …
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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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