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

Facebook Posts of Murder Victim, Offered by Defendant on Issue of Who Was the Aggressor under 803(3), Rejected for Lack of Foundation Tying Content of Posts to Defendant

State v Hall, 2016 Ida. LEXIS 356 (Ida. Nov. 15, 2016): This is an appeal out of Ada County from a judgment of conviction for the crime of murder in the second degree. The primary issue on appeal is whether the district court properly instructed the jury on the issue of self-defense. We hold that the district court did and affirm the ...
State v Hall, 2016 Ida. LEXIS 356 (Ida. Nov. 15, 2016): This is an appeal out of Ada County from a judgment of conviction for the crime of murder in the second degree. The primary issue on appeal is whether…
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District Courts Have a Duty of Inquiry to Determine Whether There Is Verifiable Evidence of the Incompetence of a Pro Se Litigant

Fields v. Venable, 2016 U.S. App. LEXIS 23285 (3d Cir. Dec. 27, 2016): On October 6, 2006, Fields was sentenced by the Honorable Sheila Venable in the Superior Court of New Jersey to a term of confinement of nine years. On January 9, 2011, he was released to a mandatory five-year period of supervision. During that time, Fields repeate ...
Fields v. Venable, 2016 U.S. App. LEXIS 23285 (3d Cir. Dec. 27, 2016): On October 6, 2006, Fields was sentenced by the Honorable Sheila Venable in the Superior Court of New Jersey to a term of confinement of nine years.…
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Digital Evidence — Preservation and Authentication — Mirror Imaging Hard Drives, Risks, Data Degradation — The Deceptive Notion of Data “Files” — The Near Future: Impossible to Recover Deleted Data (2d Cir. En Banc)

United States v. Ganias, 2016 U.S. App. LEXIS 9706 (2d Cir. May 27, 2016) (en banc): OPINION BY: DEBRA ANN LIVINGSTON; GERARD E. LYNCH OPINION Debra Ann Livingston and Gerard E. Lynch, Circuit Judges: Defendant-Appellant Stavros Ganias appeals from a judgment of the United
United States v. Ganias, 2016 U.S. App. LEXIS 9706 (2d Cir. May 27, 2016) (en banc): OPINION BY: DEBRA ANN LIVINGSTON; GERARD E. LYNCH OPINION Debra Ann Livingston and Gerard E. Lynch, Circuit Judges: Defendant-Appellant Stavros Ganias appeals from a…
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Attorney-Client Privilege Inapplicable to Records Generated or Received by Bank from Lawyer/Customer — Privilege Applies Only If Disclosure Would Reveal Attorney-Communications Or = Last Link Likely to Lead to Client Indictment

Zelen v. United States, 2016 U.S. App. LEXIS 17096 (9th Cir. Sept. 13, 2016): Garrett J. Zelen, an attorney, appeals pro se from the district court's order dismissing Zelen's petition to quash an IRS summons for Zelen's bank records. We have jurisdiction under 28 U.S.C. § 1291. We review for clear error t ...
Zelen v. United States, 2016 U.S. App. LEXIS 17096 (9th Cir. Sept. 13, 2016): Garrett J. Zelen, an attorney, appeals pro se from the district court's order dismissing Zelen's petition to quash an IRS summons for Zelen's bank records.…
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RICO: Causation Lacking Where Injury Caused by Former (Withdrawn) Member of Alleged Enterprise — Respondeat Superior Claim Fails with Collapse of Claim against Employee

Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from the district court's dismissal with prejudice of her Racketeer Influenced and Corrup ...
Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from …
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Rule 11 Sanctions — Invoking Rule 11 in Opposition Papers Insufficient — Separate Motion Must Be Filed, in Accordance with Rule 11(c)(2)

Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness of that time in light of the factors listed in Johnson v. Georgia Highway Expre ...
Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness…
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Interlocutory Appeals: Monetary Sanctions Don’t Satisfy Collateral Order Doctrine (Whether Severity Is Apt Is Judged in Light of Merits) — Breadth of Cunningham — Does Practical Finality Doctrine Survive Cunningham?

LaTele Television, C.A. v. Telemundo Commc’ns Grp., LLC, 2016 U.S. App. LEXIS 20345 (11th Cir. May 26, 2016): Plaintiff LaTele Television appeals the district court's pre-trial order awarding Defendant Telemundo Communications $513,750.15 in attorney's fees as a sanction for Plaintiff's numerous discovery violati ...
LaTele Television, C.A. v. Telemundo Commc’ns Grp., LLC, 2016 U.S. App. LEXIS 20345 (11th Cir. May 26, 2016): Plaintiff LaTele Television appeals the district court's pre-trial order awarding Defendant Telemundo Communications $513,750.15 in attorney's fees as a sanction for Plaintiff's …
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Abuse of Discretion Is a “Nonpejorative Term of Art” (Good Quote) — Injunctions: No Irreparable Harm (1) If Plaintiffs Can Be Fully Compensated by Money for Ongoing Alleged Losses During Case & (2) from Money, Time, Energy Spent Absent Injunction

Allstate Ins. Co. v. Harvey Family Chiropractic , 2017 U.S. App. LEXIS 1474 (2d Cir. Jan. 27, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and hereby are AFFIRMED. Plaintiffs ...
Allstate Ins. Co. v. Harvey Family Chiropractic , 2017 U.S. App. LEXIS 1474 (2d Cir. Jan. 27, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and…
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Spoliation of ESI (Social Media Evidence) — Bad Faith Required in Criminal Cases (First Circuit)

When a person is caught red-handed in the commission of a crime, assiduous defense counsel often is tempted to consider an entrapment defense. In the case before us, the defendant followed this course -- but things did not go well for him. Among his other plaints, the defendant insists that the district court forced him to show his hand prematurely. And to make a ...
When a person is caught red-handed in the commission of a crime, assiduous defense counsel often is tempted to consider an entrapment defense. In the case before us, the defendant followed this course — but things did not go well…
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RICO: Attorneys for & Employees of Corp. in Privity & Protected by Res Judicata Where Prior Case Was against Corp. — Dismissal Motion before Appearing OK If Motion Litigated, No Prejudice — OK to Raise Affirmative Defense of Res Judicata on 12(b)(6)

Lewis v. O’Donnell, 2017 U.S. App. LEXIS 85 (3d Cir. Jan. 4, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Charlesworth Lewis appeals from an order of the United States District Court for the District of New Jersey dism ...
Lewis v. O’Donnell, 2017 U.S. App. LEXIS 85 (3d Cir. Jan. 4, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Charlesworth Lewis appeals from…
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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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