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

Rule 37(c)(1) Sanctions — Critical Witness Affidavit Struck (Resulting in Summary Judgment) for Failure to Update Per 26(e) Witness’s Address on 26(a) Disclosure or Give Affidavit — Query re Affidavit: What about Hickman v. Taylor?

Emanuel v. Cnty. of Wayne, 2016 U.S. App. LEXIS 11385 (6th Cir. June 20, 2016):  Plaintiff Lennox Emanuel was arrested after Wayne County Sheriff's Office personnel observed him speaking with a known prostitute, inviting the woman into his car, and then driving her to a motel parking lot a few miles away. After a Michigan state-c ...
Emanuel v. Cnty. of Wayne, 2016 U.S. App. LEXIS 11385 (6th Cir. June 20, 2016):  Plaintiff Lennox Emanuel was arrested after Wayne County Sheriff's Office personnel observed him speaking with a known prostitute, inviting the woman into his car, and…
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RICO Enterprise: Is Association of a Few Individuals, without Meaningful Structure, Distinct from Those Individuals? — Good Quotes on RICO Predicates & Elements, Including Interstate Commerce (All Telephone Calls Are Presumed to Be Intrastate)

Aliev v. Borukhov, 2016 U.S. Dist. LEXIS 88856 (E.D.N.Y. July 8, 2016): On October 26, 2015, plaintiff Fariz Aliev ("Aliev") filed a complaint principally seeking damages against Neriya Borukhov, his brother Aron Borukhov, and two other individuals, Stella Akbashev ("Akbashev"), and Roshel Malakov ("Ma ...
Aliev v. Borukhov, 2016 U.S. Dist. LEXIS 88856 (E.D.N.Y. July 8, 2016): On October 26, 2015, plaintiff Fariz Aliev ("Aliev") filed a complaint principally seeking damages against Neriya Borukhov, his brother Aron Borukhov, and two other individuals, Stella Akbashev ("Akbashev"), …
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RICO: Each Member of Enterprise Needn’t Know Each Other’s Role — Enough to Know General Nature of Enterprise & That It Extends Beyond His/Her Role — Conspiracy Conflation — Impact on Hub & Spoke?

United States v. Christensen, 2016 U.S. App. LEXIS 12738 (9th Cir. July 8, 2016): Six defendants appeal their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this criminal enterprise was Pellicano Investigative Agency, ...
United States v. Christensen, 2016 U.S. App. LEXIS 12738 (9th Cir. July 8, 2016): Six defendants appeal their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this criminal …
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Sanctions — Inherent Power Extends to Misconduct before Court-Supervised Settlement Program, Apt to Punish Ethics Violations — Factors in Selecting Sanction — Loosely Formulated, Imprecise Objection Doesn’t Preserve Error (Good Quote)

In re Deepwater Horizon, 2016 U.S. App. LEXIS 10069 (5th Cir. June 2, 2016): Glen Lerner and Jonathan Andry appeal the district court's sanction order disqualifying them from further participation in the Court-Supervised Settlement Program related to the Deepwater Horizon oil spill, and Andry Lerner, L.L.C. appeals the den ...
In re Deepwater Horizon, 2016 U.S. App. LEXIS 10069 (5th Cir. June 2, 2016): Glen Lerner and Jonathan Andry appeal the district court's sanction order disqualifying them from further participation in the Court-Supervised Settlement Program related to the Deepwater Horizon …
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Does Rule 15(b)(2) — Amendment of Complaint by Trial of the Issue on Express or Implied Consent — Apply at the Summary Judgment Stage? — Circuit Split

Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., 2016 U.S. Dist. LEXIS 84868 (D. Minn. June 29, 2016): Plaintiff Cedar Valley Exteriors, Inc. ("Cedar Valley") brought this action against defendant Professional Exteriors, Inc. ("Professional Exteriors"), alleging that Professional Exteriors infringed tw ...
Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., 2016 U.S. Dist. LEXIS 84868 (D. Minn. June 29, 2016): Plaintiff Cedar Valley Exteriors, Inc. ("Cedar Valley") brought this action against defendant Professional Exteriors, Inc. ("Professional Exteriors"), alleging that Professional Exteriors infringed…
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Removal: Pre-Suit Discovery Proceedings Are Removable Under the Removal Clarification Act of 2011, As Are Other Previously Unremovable Proceedings

Estate of Wisler, 2016 U.S. Dist. LEXIS 8690 (S.D. Ind. Jan. 25, 2016): In 2011, Congress passed the Removal Clarification Act of 2011 in response to "recent Federal court cases that reflect an inter- and intra-circuit split as to whether State 'pre-suit discovery' laws qualify as civil actions or criminal prosecutions th ...
Estate of Wisler, 2016 U.S. Dist. LEXIS 8690 (S.D. Ind. Jan. 25, 2016): In 2011, Congress passed the Removal Clarification Act of 2011 in response to "recent Federal court cases that reflect an inter- and intra-circuit split as to whether…
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RICO: Threat to File Suit against Government, Even If Made in Bad Faith & Supported by False Affidavits, Isn’t “Wrongful” within Hobbs Act — Where Citizen May Request Records Anonymously, Using Fake Identity ≠ Mail Fraud

Town of Gulfstream v. O’Boyle, 2016 U.S. App. LEXIS 11183 (11th Cir. June 21, 2016): The Town of Gulf Stream, Florida ("Gulf Stream" or the "town") and its contractor Wantman Group, Inc. ("Wantman") (collectively the "plaintiffs") appeal the dismissal of their class action complaint1
Town of Gulfstream v. O’Boyle, 2016 U.S. App. LEXIS 11183 (11th Cir. June 21, 2016): The Town of Gulf Stream, Florida ("Gulf Stream" or the "town") and its contractor Wantman Group, Inc. ("Wantman") (collectively the "plaintiffs") appeal the dismissal of…
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Spoliation — Elements of Substantive Spoliation Cause of Action under Ohio Law

Newberry v. Silverman, 2015 U.S. App. LEXIS 8904 (6th Cir. May 29, 2015): 3. Because Newberry's [*23]  complaint against Silverman was not disrupted by the allegedly destroyed dental records, the spoliation claim cannot stand Finally, the district court correctly determined that Newberry& ...
Newberry v. Silverman, 2015 U.S. App. LEXIS 8904 (6th Cir. May 29, 2015): 3. Because Newberry's [*23]  complaint against Silverman was not disrupted by the allegedly destroyed dental records, the spoliation claim cannot stand Finally, the district court correctly determined…
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§ 1927 and FRAP 38 Sanctions — Appeal Is Frivolous If Obviously without Merit and Vexatious If Prosecuted for Delay, Harassment or Other Improper Purpose

U.S. ex rel. Jacobs v. Lambda Research, Inc., 2015 U.S. App. LEXIS 7308 (6th Cir. May 1, 2015): A. We review the district court's grant of summary judgment de novo. Bultema v. United States, 359 F.3d 379, 382 (6th Cir. 2004). To prevail on a claim under the FCA, a plaintiff must show that the defen ...
U.S. ex rel. Jacobs v. Lambda Research, Inc., 2015 U.S. App. LEXIS 7308 (6th Cir. May 1, 2015): A. We review the district court's grant of summary judgment de novo. Bultema v. United States, 359 F.3d 379, 382 (6th Cir.…
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Attorney-Client Privilege — Talks with Law Firm GC Privileged — No Current Client Exception — Privilege Intact Even If RPC Violated, Intent to Disclose Exists — Reliance on Privileged Matter Sine Qua Non of At-Issue Waiver (Good Quotes)

Stock v. Schnader Harrison Segal & Lewis LLP, 2016 N.Y. App. Div. LEXIS 5082 (1st Dept. June 30, 2016): The primary issue on this appeal is whether attorneys who have sought the advice of their law firm's in-house general counsel on their ethical obligations in representing a firm client may successfully invoke attorney-cl ...
Stock v. Schnader Harrison Segal & Lewis LLP, 2016 N.Y. App. Div. LEXIS 5082 (1st Dept. June 30, 2016): The primary issue on this appeal is whether attorneys who have sought the advice of their law firm's in-house general counsel …
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Recent Posts

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

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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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