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

Class Actions — Circuit Split over Proper Way to Analyze Predominance — Applicability of Comcast to Individual Damages

Abraham v. WPX Production Productions, LLC, 2016 U.S. Dist. LEXIS 108492 (D. N.M. Aug. 16, 2016): THIS MATTER comes before the Court on the Plaintiffs' Renewed Motion for Class Certification, filed January 13, 2014 (Doc. 116). The Court held a multi-part [*2]  class certification ...
Abraham v. WPX Production Productions, LLC, 2016 U.S. Dist. LEXIS 108492 (D. N.M. Aug. 16, 2016): THIS MATTER comes before the Court on the Plaintiffs' Renewed Motion for Class Certification, filed January 13, 2014 (Doc. 116). The Court held a…
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Spoliation — No Adverse Inference Where Records Destroyed in Ordinary Course of Business and Movant Failed to Timely Request Them During Discovery

Diaz v. Dep’t of Treasury, 2016 U.S. App. LEXIS 14114 (Fed. Cir. Aug. 3, 2016): Hector Diaz appeals from the final order of the Merit Systems Protection Board sustaining his removal from the position of Individual Taxpayer Adviser Specialist. Because the Board's decision was supported by substantial evidence and ...
Diaz v. Dep’t of Treasury, 2016 U.S. App. LEXIS 14114 (Fed. Cir. Aug. 3, 2016): Hector Diaz appeals from the final order of the Merit Systems Protection Board sustaining his removal from the position of Individual Taxpayer Adviser Specialist. Because…
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RICO Claim Inextricably Intertwined with Alleged State Court Errors / Lack of Jurisdiction Barred by Rooker-Feldman — Obstruction Predicate Limited to Federal Proceedings — Vague Conspiracy Allegations Fail under Twiqbal

Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the district court's dismissal of his Racketeer Influenced and Corrupt Organizations Act ( ...
Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the…
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Sanction Imposed for Violation of District Court’s Local Rules (Suspension of Right to Practice), Unlike Inherent Power Sanction, Does Not Require Finding of Bad Faith

In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech during the pendency of a criminal trial. William L. Goode, a criminal defense at ...
In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech …
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Sanctions — Rule 11 Inapplicable on Appeal — Fed.R.App.P. 38 Applies Only to Appellants

United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought by the government. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought…
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Judicial Notice of Internet Evidence — On Summary Judgment, Court May Take Notice, for Background Purposes, of Facts about Parties from Their Websites

Powers v. Stanley Black & Decker, Inc., 2015 U.S. Dist. LEXIS 130068 (S.D.N.Y. Sept. 28, 2015): This case involves claims that false representations and warranties made in connection with a corporate acquisition justified the buying company in refusing to release to the seller certain funds held in escrow. On A ...
Powers v. Stanley Black & Decker, Inc., 2015 U.S. Dist. LEXIS 130068 (S.D.N.Y. Sept. 28, 2015): This case involves claims that false representations and warranties made in connection with a corporate acquisition justified the buying company in refusing to release …
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Experts — When Testimony Contains Reliable & Unreliable Opinions That Are Easily Distinguished, Only Latter Should Be Excluded — “While the District Court’s Discretion Is Considerable, It Is Not Unfettered” (Good Quote)

In re Pfizer Inc. Securities Litig., 819 F.3d 642 (2d Cir. 2016): Plaintiffs-Appellants Teachers' Retirement System of Louisiana and Christine Fleckles, acting on behalf of themselves and other similarly situated investors (collectively, "Plaintiffs"), brought suit in the United States District Court for the Southern Dis ...
In re Pfizer Inc. Securities Litig., 819 F.3d 642 (2d Cir. 2016): Plaintiffs-Appellants Teachers' Retirement System of Louisiana and Christine Fleckles, acting on behalf of themselves and other similarly situated investors (collectively, "Plaintiffs"), brought suit in the United States District…
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RICO PSLRA Bar — N.D. Ill. Rejects Several Circuit (and other N.D. Ill.) Decisions Holding That Bar Applies If Conduct Is Actionable as Securities Fraud by Anyone — Holds It Must Be Actionable by Plaintiff

Menzies v. Seyfarth Shaw LLP, 2016 U.S. Dist. LEXIS 92765 (N.D. Ill. July 15, 2016) (Blakey, D.J.): Plaintiff is a rich man who, ostensibly through hard work and good fortune, put himself in a position to sell over sixty million dollars in stock in a company he helped create. No crime in that, closing on such a sale exemplifies part o ...
Menzies v. Seyfarth Shaw LLP, 2016 U.S. Dist. LEXIS 92765 (N.D. Ill. July 15, 2016) (Blakey, D.J.): Plaintiff is a rich man who, ostensibly through hard work and good fortune, put himself in a position to sell over sixty million…
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Rule 37(c)(1) Sanctions Inapt Where Info Undisclosed Per 26(a)(1) Is Revealed in Discovery & No Sandbagging — Settlement Agreement (Release) Binding on Drafter Who Performs (Pays) Even Though Only Counterparty Ever Signs

Baker Hughes Inc. v. S&S Chem., LLC, 2016 U.S. App. LEXIS 16257 (6th Cir. Sept. 2, 2016): Bruce Stevens worked for Baker Petrolite Corporation and its predecessor for approximately seven years. When his employment ended, Stevens signed a contract in which he promised to maintain the confidentiality of Baker Petrolite's trade secre ...
Baker Hughes Inc. v. S&S Chem., LLC, 2016 U.S. App. LEXIS 16257 (6th Cir. Sept. 2, 2016): Bruce Stevens worked for Baker Petrolite Corporation and its predecessor for approximately seven years. When his employment ended, Stevens signed a contract in…
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Good Quotes: In Pleading, As in Many Aspects of Life, Quality Matters More Than Quantity — Plaintiffs’ Unwieldy, Everything-But-the-Kitchen-Sink Approach — Rule 9(b) Does Not Permit Us to Assemble…Disjointed Facts into a Collage

Lawrie v Ginn Dev. Co., LLC, 2016 U.S. App. LEXIS 13706 (11th Cir. July 28, 2016): In pleading, as in many aspects of life, quality matters more than quantity. Plaintiffs in this lawsuit have tried to plead a cause of action for real estate fraud four times, with their most recent complaint [*3]  launching a ...
Lawrie v Ginn Dev. Co., LLC, 2016 U.S. App. LEXIS 13706 (11th Cir. July 28, 2016): In pleading, as in many aspects of life, quality matters more than quantity. Plaintiffs in this lawsuit have tried to plead a cause …
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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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