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

Rule 11, § 1927, Inherent Power Sanctions: $9,164,404.12 Fine ($6,983.42 per Case [Rand Study] x 1,250 Phony Suits + Cost of Special Master), Reprimand & Referral to Disciplinary Committee — Mere Mistake Not Sanctionable (Good Quotes)

In re Engle Cases, 2017 U.S. Dist. LEXIS 172678 (M.D. Fla. Oct. 18, 2017): OPINION AND ORDER Table of Contents
In re Engle Cases, 2017 U.S. Dist. LEXIS 172678 (M.D. Fla. Oct. 18, 2017): OPINION AND ORDER Table of Contents Go to table1 WILLIAM G. YOUNG, TIMOTHY J. CORRIGAN, MARCIA MORALES HOWARD, and ROY B. DALTON, JR., DISTRICT JUDGES…
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Expert Reliance on Third-Party Website to ID Drugs—Cal. Equivalent to Fed. R. Evid. 803(17)—A Website Database Can Be a Reliable “Compilation”—Need It Be Log-In Only? Must Its Source of Info Be Shown to Be Accurate?

People v. Mooring, 2017 Cal. App. LEXIS 856  (Cal. Ct. App. Sept. 27, 2017): In 2011, law enforcement officers searched the home of Lanita Denise Davis and Darrell James Mooring, (Mooring, Sr.) and found over 4,000 prescription pills, many of which were in prescription pill bottles. Davis and Mooring Sr.'s names were on some pill ...
People v. Mooring, 2017 Cal. App. LEXIS 856  (Cal. Ct. App. Sept. 27, 2017): In 2011, law enforcement officers searched the home of Lanita Denise Davis and Darrell James Mooring, (Mooring, Sr.) and found over 4,000 prescription pills, many of…
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Fraud on the Court: Suit to Vacate Judgment Not Limited to Rule 60(b)’s 1 Year—Factors—Clear & Convincing Evid—Lawyer’s Higher Duty of Candor in Ex Parte Cases—Confidentiality Order No Excuse for Deception—Good Quotes on Lawyers’ Duties

In re Bressman (Baxter v. Bressman), 2017 U.S. App. LEXIS 20340 (3d Cir. Oct. 18, 2017): In this appeal we are asked to decide whether Max Folkenflik, Esq., committed fraud on the court. The Bankruptcy Court determined that Folkenflik had intentionally deceived the court. As a result, the court vacated the default jud ...
In re Bressman (Baxter v. Bressman), 2017 U.S. App. LEXIS 20340 (3d Cir. Oct. 18, 2017): In this appeal we are asked to decide whether Max Folkenflik, Esq., committed fraud on the court. The Bankruptcy Court determined that Folkenflik had…
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Sanctions: FRAP 38 and § 1927 Sanctions Available for Filing a “Slap-Dash Excuse for a Brief” on Appeal

Yang v. Sessions, 2017 WL 4022355 (5th Cir. Sept. 12, 2017): *1 Lianju Yang petitions for review of a decision of the Board of Immigration Appeals (“BIA”). He challenges the denial of relief from removal, including applications for asylum and withholding of removal. Lianju Yang’s brief, through counsel Do ...
Yang v. Sessions, 2017 WL 4022355 (5th Cir. Sept. 12, 2017): *1 Lianju Yang petitions for review of a decision of the Board of Immigration Appeals (“BIA”). He challenges the denial of relief from removal, including applications for asylum and…
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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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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Archives
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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