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

Spoliation — Bad Faith Still Required for Spoliation of Tangible Evidence (3d Cir.) — Destruction of Evidence during Pendency of Case without Reference to Case and for Purpose of Avoiding Storage Costs Doesn’t Evidence Bad Faith or ≠ Spoliation

Orologio of Short Hills Inc. v. Swatch Grp. (U.S.) Inc., 2016 U.S. App. LEXIS 11611 (3d Cir. June 24, 2016): Appellants Orologio of Short Hills and Orologio International Ltd. (collectively, "Orologio") seek reversal of the District Court's order (1) granting summary judgment to Appellee Swatch Group on Orologio's cl ...
Orologio of Short Hills Inc. v. Swatch Grp. (U.S.) Inc., 2016 U.S. App. LEXIS 11611 (3d Cir. June 24, 2016): Appellants Orologio of Short Hills and Orologio International Ltd. (collectively, "Orologio") seek reversal of the District Court's order (1) granting…
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RICO: Agreeing to Bribe Blagojevich Has Natural Ending Point, No Continuity — Mere Association with Him ≠ Bigger Conspiracy — Good Quotes (“Jury Was Entitled to Put 2 & 2 Together”) — Adverse Inference for Asserting 5th Even If Later Testify

Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 2016 U.S. App. LEXIS 14057 (7th Cir. Aug. 2, 2016): This appeal pits casinos against racetracks in our circuit's latest encounter with the Blagojevich corruption scandal in Illinois. In 2008, John Johnston, a horse racetrack executive, promised a $100,000 campaign ...
Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 2016 U.S. App. LEXIS 14057 (7th Cir. Aug. 2, 2016): This appeal pits casinos against racetracks in our circuit's latest encounter with the Blagojevich corruption scandal in Illinois. In 2008, John …
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Error to Take Judicial Notice of Wikipedia Page — RICO: Can’t Infer Fraudulent Intent from Plaintiff’s Sending Defendants Expert Report Saying Defendants Were Committing Fraud & They Continued — Efficacy of Attaching Expert Report to Complaint

Bitton v. Gencor Nutrientes, Inc., 2016 U.S. App. LEXIS 11822 (9th Cir. June 28, 016): Michael Bitton, Brian O'Toole, and Robert Sokolove (collectively, "Plaintiffs") appeal the dismissal with prejudice of their putative class action complaint against Gencor Nutrients, Inc., and GE Nutrients, Inc. ("Gencor"); D ...
Bitton v. Gencor Nutrientes, Inc., 2016 U.S. App. LEXIS 11822 (9th Cir. June 28, 016): Michael Bitton, Brian O'Toole, and Robert Sokolove (collectively, "Plaintiffs") appeal the dismissal with prejudice of their putative class action complaint against Gencor Nutrients, Inc., and…
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Best Practices for Authenticating Digital Evidence

Download associated file: Best Practices for Authenticating Digital Evidence.pdf  Above is a link t the manual that Judge Paul Grimm, Professor Dan Capra and I put together identifying Best Practices for Authenticating Digital Evidence.  It is reprinted with permissi ...
Download associated file: Best Practices for Authenticating Digital Evidence.pdf  Above is a link t the manual that Judge Paul Grimm, Professor Dan Capra and I put together identifying Best Practices for Authenticating Digital Evidence.  It is reprinted with permission…
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Disqualification: “More Than Tangentially Related” = “Substantially Related” — Inhouse Counsel’s Knowledge Imputed to Colleagues, Outside Counsel — Good Quotes (“Not Subborning the Disloyalty of Attorneys”)

Dynamic 3D Geosolutions LLC v. Schlumberger Limited, 2016 U.S. App. LEXIS 16645 (Fed. Cir. Sept. 12, 2016): Dynamic 3D Geosolutions LLC ("Dynamic 3D"), along with Acacia Research Corporation and Acacia Research Group LLC (collectively, "Acacia"), appeal from the decision of the United States District Court for the ...
Dynamic 3D Geosolutions LLC v. Schlumberger Limited, 2016 U.S. App. LEXIS 16645 (Fed. Cir. Sept. 12, 2016): Dynamic 3D Geosolutions LLC ("Dynamic 3D"), along with Acacia Research Corporation and Acacia Research Group LLC (collectively, "Acacia"), appeal from the decision of…
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§ 1927 Sanctions Cannot Be Imposed for Initial Pleading — Court 1 Cannot Impose Sanctions for Filing of Second Lawsuit in Second Court That Lacked Jurisdiction to Entertain It

Best Odds Corp. v. Ibus Media Ltd., 2016 U.S. App. LEXIS 13335 (9th Cir. July 21, 2016): Best Odds Corp. appeals the district court's order issuing sanctions under 28 U.S.C. § 1927. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and vacate the award of attorneys' fees. The district court abused ...
Best Odds Corp. v. Ibus Media Ltd., 2016 U.S. App. LEXIS 13335 (9th Cir. July 21, 2016): Best Odds Corp. appeals the district court's order issuing sanctions under 28 U.S.C. § 1927. We have jurisdiction pursuant to 28 U.S.C. §…
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Spoliation of Tangible Evidence — Bad Faith Required in Fifth Circuit (No Change Post 37(e))

Estes v. Lanx, Inc., 2016 U.S. App. LEXIS 15328 (5th Cir. Aug. 16, 2016): Rocky Estes had a Lanx-created device, the Telluride system, implanted to fuse his spinal vertebrae. After several months, the screws in the system fractured and broke. As a result, the device had to be removed and replaced. About a year later, Estes sue ...
Estes v. Lanx, Inc., 2016 U.S. App. LEXIS 15328 (5th Cir. Aug. 16, 2016): Rocky Estes had a Lanx-created device, the Telluride system, implanted to fuse his spinal vertebrae. After several months, the screws in the system fractured and broke. …
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RICO: Enterprise Can Be Both Victim & Vehicle — Good Quotes, e.g.: “There Is A Plausible Claim Something Odd Was Going On….Oddity Alone Won’t Support a RICO Claim”

Jupiter Aluminum Corp. v. Sabaitis, 2016 U.S. Dist. LEXIS 123843 (N.D. Ind. Sept. 13, 2016): Something went [*2]  very wrong at Jupiter Aluminum Corporation in fiscal year 2014. Jupiter is an Indiana corporation in the business of converting scrap aluminum into coils. It contracts with vendors to provide the scrap. < ...
Jupiter Aluminum Corp. v. Sabaitis, 2016 U.S. Dist. LEXIS 123843 (N.D. Ind. Sept. 13, 2016): Something went [*2]  very wrong at Jupiter Aluminum Corporation in fiscal year 2014. Jupiter is an Indiana corporation in the business of converting scrap aluminum…
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Internet Evidence — Internet Browsing History, Which Shows Past Searches, Is Relevant to Motivation and Predisposition

State v. Bingman, 2016 Wash. App. LEXIS 1505 (Wash. Ct. App. June 28, 2016): David Bingman appeals his convictions for three counts of second degree child molestation and two counts of fourth degree assault involving his 13-year-old daughter and his 12-year-old stepdaughter. He argues that the trial court erred under ER 404(b) ...
State v. Bingman, 2016 Wash. App. LEXIS 1505 (Wash. Ct. App. June 28, 2016): David Bingman appeals his convictions for three counts of second degree child molestation and two counts of fourth degree assault involving his 13-year-old daughter and his…
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Appeals: Trial Counsel’s Misconduct Reversible Only If Pervasive — Waiver by Failure to Object to Argument or Detail Complaints — Broad Statements, References in Passing in Brief Not Enough

Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): 1. Counsel's Conduct Stemtech complains that Leonard's counsel made comments during the trial that so prejudiced the jury that the District Court should have granted a new trial. Counsel's conduct "co ...
Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): 1. Counsel's Conduct Stemtech complains that Leonard's counsel made comments during the trial that so prejudiced the jury that the District Court should have granted…
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

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

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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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