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: Use of Corporate Email System to Communicate with Counsel = Waiver Where Employee on Notice That Company May Monitor Emails — Whether Employee Has Legitimate Expectation of Privacy Is Highly Fact-Dependent (Good Quote)

United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and REMANDED ...
United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments of the district court are AFFIRMED in part and VACATED and…
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Texts Authenticated by Testimony from Recipient, Content and Timing — Cellebrite Tool Is the Industry Standard to Extract Texts

 Appellant Richard Michael Kelso appeals his conviction of three counts of communicating with a minor with the intent to commit a sexual offense, two counts of committing a lewd and lascivious act on a minor, and one count of inducing a minor to engage in a lewd act. Appellant contends: (1) the court lacked territorial jurisdiction over the latter three offenses ...
Appellant Richard Michael Kelso appeals his conviction of three counts of communicating with a minor with the intent to commit a sexual offense, two counts of committing a lewd and lascivious act on a minor, and one count of inducing…
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RICO Conspiracy — Not Enough to Show Defendant’s Association with Conspirators, Knowledge of Conspiracy, Presence during Conspiratorial Discussions — Must Show Awareness of Scope of Enterprise & Objective Manifestation of Intent to Participate in It

Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v. PNC Bank, N.A., 853 F.3d 390 (8th Cir. 2017); United Sta ...
Rosemann v. St. Louis Bank, 2017 U.S. App. LEXIS 9075 (8th Cir. May 24, 2017): This case continues to chronicle the legal consequences flowing from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). See, e.g., Aguilar v.…
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§ 1927 Sanctions — Filing a Heavily-Redacted, Misleading Transcript of a Relevant Prior Proceeding That Prolonged the Case Constitutes Bad Faith

Agnew v. United Leasing Corp., 2017 U.S. App. LEXIS 3140 (4th Cir. Feb. 22, 2017): Plaintiffs appeal a district court order related to a forbearance agreement between Barbara and Michael Agnew and United Leasing [“ULC”]. For the reasons that follow, we affirm. I. On June 2, 2000, Barbara and Michael Agnew, their comp ...
Agnew v. United Leasing Corp., 2017 U.S. App. LEXIS 3140 (4th Cir. Feb. 22, 2017): Plaintiffs appeal a district court order related to a forbearance agreement between Barbara and Michael Agnew and United Leasing [“ULC”]. For the reasons that follow,…
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Email Evidence Admissible under R. 408 to Show Settlement Reached — Emails’ Competing, Differing Headers Declaring Emails Unusable Show Offer/Counteroffer, Not Separate Agreement — No Estoppel, Can’t Unilaterally Change Evidence Law (Good Quote)

Ian v. Whitehead, 2017 Ariz. App. Unpub. LEXIS 595 (Ariz. Ct. App. May 16, 2017): P1 Hannah Ian ("Wife") seeks special action relief from the superior court's ruling precluding the introduction of settlement-negotiation emails exchanged between her attorney and former counsel for Joseph Maier ("Husband" ...
Ian v. Whitehead, 2017 Ariz. App. Unpub. LEXIS 595 (Ariz. Ct. App. May 16, 2017): P1 Hannah Ian ("Wife") seeks special action relief from the superior court's ruling precluding the introduction of settlement-negotiation emails exchanged between her attorney and former …
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RICO: Filed Rate Doctrine Bars Claim Energy Rates Manipulated — Sole Remedy Is at FERC — Exception to Doctrine If Rate-Setting Agency Has Determined Rates Resulted from Fraud

Woolsey v. JP Morgan Ventures Energy Corp., 2017 U.S. App. LEXIS 8468 (9th Cir. May 12, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This appeal requires us to again consider the application of the filed rate doctrine to claims invol ...
Woolsey v. JP Morgan Ventures Energy Corp., 2017 U.S. App. LEXIS 8468 (9th Cir. May 12, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This appeal requires …
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Supreme Court: Hague Convention on Service Abroad Permits Service by Mail If the Destination Country Does Not Object

Water Splash, Inc. v. Menon, 2017 U.S. LEXIS 3212 (U.S. May 22, 2017): This case concerns the scope of the Convention on the Service Abroad of Judicial [*6]  and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague Service Convention), 20 U. S. T. 361, T. I. A. S. No. 6638. The purpose of that multilateral tr ...
Water Splash, Inc. v. Menon, 2017 U.S. LEXIS 3212 (U.S. May 22, 2017): This case concerns the scope of the Convention on the Service Abroad of Judicial [*6]  and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague…
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$2.5 Million in Attorney’s Fees Properly Awarded under 35 U.S.C. § 285 Even Though Sanctions Rightly Denied under 28 U.S.C. § 1927 and Inherent Power

Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney fees to Dow Chemical Co. ("Dow") unde ...
Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney …
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Judicial Notice of Internet Evidence — Federal Court May Take Judicial Notice of State Court Dockets and Pleadings Available on the Internet

Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United Stat ...
Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to…
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RICO Statute of Limitations: Injury Occurs When Amount of Damages Is Clear, Definite — Investment Injury for Which Investor Has No Contractual or Legal Remedies Accrues at Time of Investment — Standards for Actual/Inquiry Notice, Equitable Tolling

Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, sued defendants under the Racketeer Influenced and Corrupt Organiza ...
Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, …
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Recent Posts

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

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

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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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