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

Judicial Notice (JN) on 12(b)(6) Motion — JN of Wayback Machine Results OK, But Lack of Wayback Watermark on One Exhibit and Incongruity between Dates on Other Exhibits & on Request for JN Warrant Denial

Prime Healthcare Servs. v. Harris, 2017 U.S. Dist. LEXIS 130853 (S.D. Cal. Aug. 16, 2017): Before the Court is Defendants Kamala D. Harris ("Defendant" or "Harris") and Attorney General of California Xavier Becerra's1 ("Defendant's" or " ...
Prime Healthcare Servs. v. Harris, 2017 U.S. Dist. LEXIS 130853 (S.D. Cal. Aug. 16, 2017): Before the Court is Defendants Kamala D. Harris ("Defendant" or "Harris") and Attorney General of California Xavier Becerra's1 ("Defendant's" or "Becerra's") (collectively, "Defendants'") motion…
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Inherent Power Sanctions — Poor Record-Keeping May Give Rise to an Adverse Inference by Analogy to Spoliation

McMunn v. Babcock & Wilcox Power Generation Group, Inc., 2017 U.S. App. LEXIS 16103 (3d Cir. Aug. 23, 2017): Plaintiffs assert that they developed cancer1 after being exposed to excessive radiation emissions from the Nuclear Material and Equipment Company ("NUMEC") facility in Apollo, Pennsylvania (the "Apoll ...
McMunn v. Babcock & Wilcox Power Generation Group, Inc., 2017 U.S. App. LEXIS 16103 (3d Cir. Aug. 23, 2017): Plaintiffs assert that they developed cancer1 after being exposed to excessive radiation emissions from the Nuclear Material and Equipment Company ("NUMEC")…
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Federal Jurisdiction — Probate Exception Doesn’t Apply to Case Seeking in Personam Judgment, Not Seeking to Reach a Res in the State Court, Nor to Fiduciary Duty Claims — Lists of Actions over Which Federal Jurisdiction Exists

Osborn v. Griffin, 865 F.3d 417 (6th Cir. 2017): Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust, and Martom Properties, LLC (“Defendants”), appeal from the judgment entered by the district court on April 26, 2016, requiring Defendants to pay roughly $584 million in wrongful profi ...
Osborn v. Griffin, 865 F.3d 417 (6th Cir. 2017): Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust, and Martom Properties, LLC (“Defendants”), appeal from the judgment entered by the district court on…
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Inherent Power Sanctions: Counsel’s Belated Assertion of Fifth Amendment, Even If in Good Faith, as Reason for Not Complying with Court Order Doesn’t Undercut Bad Faith Finding—Fifth Must Be Timely Asserted [Then Adverse Inference Drawn]

Armstead v. Allstate Prop. & Cas. Ins. Co., 2017 WL 2992071 (11th Cir. July 14, 2017): *1 Attorney Sandra Finch represented Elaine Armstead in Armstead’s lawsuit against Allstate Property & Casualty Insurance Company. In the weeks leading up to trial, Finch, on Armstead’s behalf, filed a motion in limine to exclud ...
Armstead v. Allstate Prop. & Cas. Ins. Co., 2017 WL 2992071 (11th Cir. July 14, 2017): *1 Attorney Sandra Finch represented Elaine Armstead in Armstead’s lawsuit against Allstate Property & Casualty Insurance Company. In the weeks leading up to trial,…
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YouTube: Video Authenticated by Witness Who Recognized Person (Who Admitted Being in Recent Video) — Wit. Needn’t Know Circs of Recording — Viewer May Assume Items in Non-Prof’l Video Are Real, Not Props—Under 403, Only Still Photos Admitted

United States v. Washington, 2017 U.S. Dist. LEXIS 136220 (N.D. Ill. Aug. 21, 2017): The United States of America (the "Government") has charged Defendant Darrius Washington with one count of unlawful possession of a firearm by a felon. [See 1.] Before the Court are the Government's consolidated motions in limine
United States v. Washington, 2017 U.S. Dist. LEXIS 136220 (N.D. Ill. Aug. 21, 2017): The United States of America (the "Government") has charged Defendant Darrius Washington with one count of unlawful possession of a firearm by a felon. [See 1.]…
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Joint Defense/Common Interest Privilege: Direct Communications among Clients Unprivileged unless Purpose Is to Solicit or Communicate Legal Advice — One Client’s Reporting His or Her Research to Another Not Protected

United States v. Krug, 2017 U.S. App. LEXIS 15643 (2d Cir. Aug. 18, 2017): Appeal from the December 10, 2016 order of the United States District Court for the Western District of New York (Skretny, J.) precluding the government from introducing at trial certain testimony by a co-defendant turned government witness on the basi ...
United States v. Krug, 2017 U.S. App. LEXIS 15643 (2d Cir. Aug. 18, 2017): Appeal from the December 10, 2016 order of the United States District Court for the Western District of New York (Skretny, J.) precluding the government from…
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Rule 68 vs. Sanctions: While Unaccepted Offer of Full Judgment under Either R. 67 or 68 Does Not Moot a Claim, Refusal to Accept the Offer May Be Sanctionable under § 1927, the Inherent Power or Even Rule 11

Conrad v. Boiron, Inc., 2017 U.S. App. LEXIS 16180 (7th Cir. Aug. 24, 2017): Chad Conrad filed a class action against Boiron for deceptive marketing, but he was left with only his individual claim after the district court refused to certify his proposed class. About a year later Boiron offered Conrad $5,025, more than he coul ...
Conrad v. Boiron, Inc., 2017 U.S. App. LEXIS 16180 (7th Cir. Aug. 24, 2017): Chad Conrad filed a class action against Boiron for deceptive marketing, but he was left with only his individual claim after the district court refused to …
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Disqualification in Federal Court Is Decided under Ethics Rules of State in Which Court Sits (Rule 1.9), Not under a Federal Standard — What Is “Substantially Related” — Implications of Passage of Time — Court May Rely on Commentary to Rules

Watkins v. Trans Union, LLC, 2017 U.S. App. LEXIS 16016 (7th Cir. Aug. 22, 2017): Plaintiff Richard Watkins has sued Trans Union for violating the Fair Credit Reporting Act. The merits of his claims are not the subject of this appeal. The issue here is whether attorney John Cento should be disqualified from representing Watkin ...
Watkins v. Trans Union, LLC, 2017 U.S. App. LEXIS 16016 (7th Cir. Aug. 22, 2017): Plaintiff Richard Watkins has sued Trans Union for violating the Fair Credit Reporting Act. The merits of his claims are not the subject of this …
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RICO “Nexus” Element — Needed Relationship among Defendant, D’s Involvement in Enterprise’s Affairs and Pattern — Same in Civil, Criminal Cases — Racketeering Must Be One Means by Which Defendant Participates in Enterprise’s Affairs

United States v. Ferriero, 2017 U.S. App. LEXIS 14358 (3d Cir. Aug. 4, 2017): Joseph A. Ferriero appeals his judgments of conviction, forfeiture, and sentence based on violations of the Travel Act, 18 U.S.C. § 1952, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), id. § 1962(c), and the federal wire fraud s ...
United States v. Ferriero, 2017 U.S. App. LEXIS 14358 (3d Cir. Aug. 4, 2017): Joseph A. Ferriero appeals his judgments of conviction, forfeiture, and sentence based on violations of the Travel Act, 18 U.S.C. § 1952, the Racketeer Influenced and…
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Discovery Misconduct Warranting Adverse Inference That Leads to Dismissal Does Not Require the Willfulness or Bad Faith That Is Required for Discovery Misconduct Directly Warranting Dismissal (Fed. Cir. Applying 2d Cir. Law)

Regeneron Pharmaceuticals, Inc. v. Merus NV, 2017 WL 3184400 (Fed. Cir. July 27, 2017): *1 Regeneron Pharmaceuticals, Inc. (“Regeneron”) appeals from a final judgment of the district court holding
Regeneron Pharmaceuticals, Inc. v. Merus NV, 2017 WL 3184400 (Fed. Cir. July 27, 2017): *1 Regeneron Pharmaceuticals, Inc. (“Regeneron”) appeals from a final judgment of the district court holding U.S. Patent No. 8,502,018 (“’018 patent”) unenforceable because of Regeneron’s inequitable …
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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

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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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