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 — After Party Testifies to Having Consulted Counsel to Show Good Faith, Failure to Waive Privilege and Disclose Advice Can Give Rise to Permissible Inference of Absence of Good Faith

Sec'y United States DOL v. Am. Future Sys., Inc., 2017 U.S. App. LEXIS 19991 (3d Cir. Oct. 13, 2017): I. INTRODUCTION We are asked to decide whether the
Sec'y United States DOL v. Am. Future Sys., Inc., 2017 U.S. App. LEXIS 19991 (3d Cir. Oct. 13, 2017): I. INTRODUCTION We are asked to decide whether the Fair Labor Standards Act requires employers to compensate employees for breaks…
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Electronic Signatures: A Name or Email Address in the “From” Field of an Email, Like a Signature Block, Satisfies the Requirement of a Signature under the Uniform Electronic Transactions Act (UETA) (and the Statute of Frauds)

Le Norman Operating LLC v. Chalker Energy, 2017 Tex. App. LEXIS 9297 (Tex. Ct. App. Oct. 3, 2017): The appellees and cross-appellants, Chalker Energy Partners III, LLC; Raptor Petroleum, LLC; BMW Investments, L.P.; Ark-La-Tex Property Investments, LP; Remora Oil & Gas, LLC; Eastern Redbud, LLC; Jimmy Sutton; Vicenergy, LLC; Chris Faul ...
Le Norman Operating LLC v. Chalker Energy, 2017 Tex. App. LEXIS 9297 (Tex. Ct. App. Oct. 3, 2017): The appellees and cross-appellants, Chalker Energy Partners III, LLC; Raptor Petroleum, LLC; BMW Investments, L.P.; Ark-La-Tex Property Investments, LP; Remora Oil &…
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Inherent Power & § 1927 Sanctions: Prelitigation Conduct May Be Considered on Issue of Bad Faith — Bad Faith of Predecessor Counsel, Client Not Imputed to Successor Counsel — Due Process: Notice Given in Summary Judgment Decision, Sanctions Motion

Redding v. Prosight Specialty Mgmt. Co., 2017 U.S. App. LEXIS 10303 (9th Cir. June 9, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1. A fine is generally civil if it is [*3]  meant "to compensate the complainant for losses su ...
Redding v. Prosight Specialty Mgmt. Co., 2017 U.S. App. LEXIS 10303 (9th Cir. June 9, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1. A fine is…
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Requests for Admission: On Motion to Withdraw Admissions, What = Prejudice to Opponent? Not Just Having to Take Discovery or Prove the Facts — Rule 36 Is Supposed to Be a Time Saver, Not a Weapon (Good Quote)

United States ex rel. Graybar Elec. Co. v. TEAM Construction, LLC, 2017 U.S. Dist. LEXIS 154072 (E.D.N.C. Sept. 21, 2017): Defendants TEAM Construction, LLC ("TEAM") and Western Suret ...
United States ex rel. Graybar Elec. Co. v. TEAM Construction, LLC, 2017 U.S. Dist. LEXIS 154072 (E.D.N.C. Sept. 21, 2017): Defendants TEAM Construction, LLC ("TEAM") and Western Surety Company's ("Western") moved for partial summary judgment [D.E. 48], and plaintiff …
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Text Authentication & Admissibility—Threshold Issue: Whose Phone? — Incoming Happy Birthday = State of Mind, Failure to Contradict = Adoptive Admission — Incoming Offer to Buy = Verbal Act

State v. Otero, 2017 Kan. App. Unpub. LEXIS 807 (Kan. Ct. App. Sept. 22, 2017): A confession is among the most powerful weapons in a prosecutor's arsenal, for a jury can use it to convict a ...
State v. Otero, 2017 Kan. App. Unpub. LEXIS 807 (Kan. Ct. App. Sept. 22, 2017): A confession is among the most powerful weapons in a prosecutor's arsenal, for a jury can use it to convict a defendant with his…
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Work Product — Disclosure in Corp. Acquisition Setting — Standing: Seller Supplying Info to Buyer’s Counsel Can’t Assert Work Product over Resulting Report — Production of Report Doesn’t Violate Seller’s Fifth Amendment Rights Because Seller

Waymo LLC v. Uber Techs., Inc., 2017 U.S. App. LEXIS 17668 (Fed. Cir. Sept. 13, 2017): Appellant Anthony Levandowski, an intervenor, seeks to prevent discovery sought by Appellee Waymo LLC ("Waymo").1 Waymo sued Uber Technologies, Inc. ("Uber"), Ottomotto LLC, and Otto Trucking LLC (together, "Ottom ...
Waymo LLC v. Uber Techs., Inc., 2017 U.S. App. LEXIS 17668 (Fed. Cir. Sept. 13, 2017): Appellant Anthony Levandowski, an intervenor, seeks to prevent discovery sought by Appellee Waymo LLC ("Waymo").1 Waymo sued Uber Technologies, Inc. ("Uber"), Ottomotto LLC, and…
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Sanctions & Magistrate Judges: MJs May Preclude Evidence & Deem Facts Admitted under R. 37(b), If These Don’t End the Claim—Violated Order Needn’t Be Written—Order Allowing Discovery≠R. 37 Order—Can MJs Order R. 11 Sanctions? (Cir. Split)

Joint Stock Company Channel One Russia Worldwide v. Informir LLC, 2017 U.S. Dist. LEXIS 165702 (S.D.N.Y. July 18, 2017): Before me are two motions, both filed by plaintiffs, seeking sanctions against defendant Panorama Alliance, LP (Panorama) and its former attorney Alan P. Fraade, of the Mintz Fraade Law Firm, P.C. (Mintz Fraade).
Joint Stock Company Channel One Russia Worldwide v. Informir LLC, 2017 U.S. Dist. LEXIS 165702 (S.D.N.Y. July 18, 2017): Before me are two motions, both filed by plaintiffs, seeking sanctions against defendant Panorama Alliance, LP (Panorama) and its former attorney…
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Do “Costs” in Rule 41(d) Include Attorney’s Fees? — Circuit Split — Can Inherent Power Sanctions Be Used If the Answer Is No? — Generally Not — Court May Not Grant Unrequested Relief under Rule 54(c) If It Is a Surprise and Prejudicial

Portillo v. Cunningham, 2017 U.S. App. LEXIS 19603 (5th Cir. Oct. 6, 2017): JohnJay Portillo appeals the dismissal of his claims under common law, Texas statutes, and 42 U.S.C. § 1983. He contends that the court erred by dismissing for res judicata, and he challenges the order to pay costs under Federal Rule of Civil Procedure 41(d). ...
Portillo v. Cunningham, 2017 U.S. App. LEXIS 19603 (5th Cir. Oct. 6, 2017): JohnJay Portillo appeals the dismissal of his claims under common law, Texas statutes, and 42 U.S.C. § 1983. He contends that the court erred by dismissing for…
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Hearsay: Terrorist Claims of Responsibility ≠ Statements against Interest But Claims of Benefit; Newspaper Articles = Hearsay — Expert May Explain Why Facts Lead to Conclusion Even If Lay Person Can Reach Conclusion — Good SJ Quote

Strauss v. Crédit Lyonnais, S.A., 2017 U.S. Dist. LEXIS 165722 (E.D.N.Y. Sept. 30, 2017): Pursuant to the 2013 statute of limitations amendment [*12]  to the
Strauss v. Crédit Lyonnais, S.A., 2017 U.S. Dist. LEXIS 165722 (E.D.N.Y. Sept. 30, 2017): Pursuant to the 2013 statute of limitations amendment [*12]  to the Anti-Terrorism Act ("ATA"), Plaintiffs' claims arising from five attacks (the "Reinstated Attacks"), previously dismissed …
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Rule 68 Offer of Judgment: Ambiguities Construed against Drafter, But Circuit Split Exists as to Whether This Applies to Ambiguity Concerning Whether Statutorily-Awarded Fees Are Included in the Offer

Johnson v. Hyatt Hotels Corp., 2017 U.S. Dist. LEXIS 165850 (D.S.C. Oct. 6, 2017): This matter is before the court on plaintiff Bradley Johnson's ("Johnson") motion for attorneys ...
Johnson v. Hyatt Hotels Corp., 2017 U.S. Dist. LEXIS 165850 (D.S.C. Oct. 6, 2017): This matter is before the court on plaintiff Bradley Johnson's ("Johnson") motion for attorneys' fees. For the reasons set forth below, the court denies the…
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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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