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

Authority of Appeals’ Court’s Grievance (Disciplinary) Panel Does Not Require That Merits Panels Refer All Sanctions Matters to Grievance Panel — Discipline and Sanctions Are Distinct Concepts

In re Atty. Griev. Complaint Filed by David Harris, 2023 U.S. App. LEXIS 16307, *1, 2023 WL 4243254 (2d Cir. June 28, 2023): ORDER OF GRIEVANCE PANEL *1 David Ha ...
In re Atty. Griev. Complaint Filed by David Harris, 2023 U.S. App. LEXIS 16307, *1, 2023 WL 4243254 (2d Cir. June 28, 2023): ORDER OF GRIEVANCE PANEL *1 David Harris has submitted an attorney grievance complaint to this Court,…
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Supreme Court: Associational Standing — If Traditional 3-Part Test Is Satisfied, and the Organization Has Identified Members and Represents Them In Good Faith, Associational Standing Is Satisfied

Students for Fair Admissions, Inc. v. President, 2023 U.S. LEXIS 2791, 2023 WL 4239254 (U.S. June 29, 2023): Chief Justice Roberts delivered the opinion of the Court. In these cases we consider whether the admissions systems used by Harvard ...
Students for Fair Admissions, Inc. v. President, 2023 U.S. LEXIS 2791, 2023 WL 4239254 (U.S. June 29, 2023): Chief Justice Roberts delivered the opinion of the Court. In these cases we consider whether the admissions systems used by Harvard…
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Supreme Court: Corporation Subject to Suit (Personal Jurisdiction) in Any State in Which It Registers to Do Business If The Registration Statute Makes Consent to Suit A Condition of Registration (5-4) – However, The Concurring Fifth Justice Believes That Such Statutes May Violate The Dormant Conference Clause, And The 4-Justice Dissent Points Out That Few Registration Statutes Require Consent to Jurisdiction And Suit

Mallory v. Norfolk S. Ry. Co., 2023 U.S. LEXIS 2786, 2023 WL 4187749 (U.S. June 27, 2023) (5-4 opinion) Justices
Mallory v. Norfolk S. Ry. Co., 2023 U.S. LEXIS 2786, 2023 WL 4187749 (U.S. June 27, 2023) (5-4 opinion) Justices Thomas, Alito, Sotomayor, and Jackson joined with respect to Parts I and III-B. Justices Thomas,…
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Supreme Court: RICO – Domestic Injury Determined Contextually — Court Considers All Case-Specific Facts Bearing — Domestic Injury Exists When The Circumstances Surrounding The Injury Indicate It Arose In The United States — Issue Is Not Merely Where The Injury Is Felt — Other Factors: Whether Racketeering Activity Occurred in the United States, Whether Racketeering Activity That Occurred Abroad Was Initiated In Or Directed Toward The United States

Yegiazaryan v. Smagin, 2023 U.S. LEXIS 2635, 2023 WL 4110234 (U.S. June 22, 2023): Respondent Vitaly Smagin holds a multimillion dollar California judgment against petitioner Ashot Yegiazaryan, who lives in California. Smagin, who ...
Yegiazaryan v. Smagin, 2023 U.S. LEXIS 2635, 2023 WL 4110234 (U.S. June 22, 2023): Respondent Vitaly Smagin holds a multimillion dollar California judgment against petitioner Ashot Yegiazaryan, who lives in California. Smagin, who resides in Russia, filed suit in…
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Supreme Court: Federal Arbitration Act – U.S. District Court Must Stay Its Proceedings While An Interlocutory Appeal On Arbitrability Is Pending

Coinbase, Inc. v. Bielski, 2023 U.S. LEXIS 2636 (U.S. June 23, 2023): When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. See
Coinbase, Inc. v. Bielski, 2023 U.S. LEXIS 2636 (U.S. June 23, 2023): When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. See 9 U. S. C. …
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Affirmative Defense Properly Considered On Dismissal Motion If It Is Clear From The Face Of The Complaint And Matters Of Which The Court May Take Judicial Notice That The Claim Is Barred As A Matter Of Law

Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgm ...
Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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Claims Or Defenses Not Defended In Opposition To Dispositive Motion Are Abandoned — No Abuse Of Discretion To Deny Leave To Amend Where Request Is Conclusory And Requested Only In Brief

Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of ...
Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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RICO: Because Cannabis Is Illegal Under Federal Law, Damage To It Is Not Injury To Business Or Property Within 18 USC 1964(c)

Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is w ...
Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is whether Appellants, a cannabis entrepreneur and two cannabis businesses, have standing to bring claims arising pursuant to the Racketeer Influenced and Corrupt Organizations Act…
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Rule 16(f) And 37(b)(2)(A) Sanctions: Fifth Circuit Factors For (i) Case-Ending Sanctions, (ii) 37(b)(2) Sanctions Generally, (iii) Expert Exclusion And (iv) Failure To Designate Or Disclose Witness Testimony — Preclusion, Including Exclusion Of Experts, Is Not As Drastic As Dismissal or Default — The Fact That Preclusion May Have The Legal Consequence Of Dismissal Does Not Affect The Appropriateness Of The Sanction — If Preclusion Is An Appropriate Sanction, It Is Unlikely to Be Reversed Even If It Results In Dismissal

Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:*
Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:* *   This opinion is not designated for publication. See 5TH CIR. R. 47.5.   *1…
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Purposes Of Rule 37 Sanctions — Non-Exclusive Factors Guiding Exercise Of Discretion As To Whether And To What Extent To Impose Rule 37 Sanctions — Deeming Facts Admitted Requires Proof Of Willfulness, Bad Faith Or Culpability (2d Cir.) — Non-Compliance Is Willful When Order Is Clear And Understood, And Non-Compliance Is Not Due To Factors Beyond The Party’s Control — Contempt Standards And Burdens Or Proof Under Rule 37

Martinenko v. 212 Steakhouse, Inc., 2023 U.S. Dist. LEXIS 64562, 2023 WL 2919559 (S.D.N.Y. April 12, 2023) (Report and Recommendation): *1 This is an action for unpaid wages and other violations of the Federal Labor Standards Act (“FLSA ...
Martinenko v. 212 Steakhouse, Inc., 2023 U.S. Dist. LEXIS 64562, 2023 WL 2919559 (S.D.N.Y. April 12, 2023) (Report and Recommendation): *1 This is an action for unpaid wages and other violations of the Federal Labor Standards Act (“FLSA”) and…
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Recent Posts

RICO: (1) Victim vs. Perpetrator Enterprises — (2) § 1962(b): Elements of a Violation — (3) Meaning of “Interest” and “Control” in § 1962(b) — (4) The Defendant in a § 1962(b) Action Need Not Be an Enterprise; The Victim Must Be An Enterprise — (5) Acquisition/Maintenance Injury Required (6) Aiding and Abetting Liability under RICO

Rule 11 Sanctions: Request for Bill of Particulars re Sanctions Proceeding Reviewed for Abuse of Discretion — Court’s Discretion Narrows As Severity of Sanction Increases OR When It Initiates the Sanction Proceeding Itself — Particularly Strict Abuse of Discretion Standard Applied — “Rule 11 Does Not License a District Court to Sanction Any Action by an Attorney or Party That It Disapproves of” (Good Quote) — Failure to Provide Identify Specific Pleading and Detail Specific, Objectionable Conduct within that Pleading Violates Due Process — Failure to Provide Notice That Most Severe Sanction May Be Imposed Violates Due Process — Failure to Provide Notice That “Scarlett Letter Sanction” (Mandatory Circulation of Sanctions Order) Or Other Sanction That Could Leave Indelible Imprint on Career Might Be Imposed Violates Due Process — Notice That Law Firm Might Be Sanctioned Insufficient to Afford Notice to Firm Lawyer and Managing Partner That He Might Be Sanctioned — Refusal to Impose Additional Sanction Until Impact of Other Imposed Penalties (Not Sanctions) Ascertained to See Whether Sanction Needed

Rule 37(c)(1) Sanctions: (1) Exclusion of Expert Testimony Reviewed for Abuse of Discretion Even When It Results in Summary Judgment — (2) Whether Physicians Must File 26(a)(2)(B) Report Depends on Whether They Formed Their Opinions for Litigation Or in the Course of Medical Treatment — (3) Party Seeking to Avoid Exclusion of Its Expert for Noncompliance with Rule 26 Bears Burden of Showing Harmlessness or Substantial Justification — (4) Expert Report Subject to Exclusion If It Is Conclusory and Does Not Meet the Level of Rigor Required by Rule 26(a)(2)(B)

RICO: The Statute Defines Enterprise Broadly, “But That Breadth Is Not Without Limit” (Good Quote) — Enterprise Inadequately Pled Where Plaintiffs Fail to Name the Common Purpose, Explain How the Relationships Among the Defendants Allowed Them to Advance That Purpose, Or Specify the Period of Time Sufficient to Achieve That Purpose — In a Particular Case, the Pattern of Racketeering May Be Sufficient to Infer the Existence of an Association-in-Fact Enterprise, But Pattern Does Not Necessarily Establish Enterprise — A RICO Conspiracy May Exist Regardless of Whether the Substantive RICO Violation Is Consummated, But the Substantive Violation Must Be Adequately Pled

RICO: (1) Claim Accrued When Plaintiff Suffered, and Was Aware of, Her Injury — Overt Retaliation in Her Employment As A Result of Reporting Another Employee’s Sexual Misconduct — Not When a Report Confirming that Misconduct Later Became Public; (2) Inhouse Lawyer’s Conclusion No Sexual Misconduct Occurred Is a Mere Expression of a Legal Conclusion, Not Deception Warranting SOL Reprieve Due to Equitable Tolling or Fraudulent Concealment — Plaintiff Exhibited Lack of Diligence in Failing to Consult Own Counsel or Challenge Inhouse Counsel’s Conclusion; (3) Causation: Plaintiff Must Prove Her Injuries Were Directly Caused by the Predicate Acts — (4) Concealment of Report Commissioned by Employer Directly Harmed Employer (by Exposing It to Liability) and Victims of Sexual Misconduct, and Only Indirectly Harmed Plaintiff Who Suffered Retaliation in Her Employment for Reporting the Misconduct

RICO: Without Injury to Business or Property, Injury Resulting from RICO Violation Is Not Actionable under RICO — Meaning of “Property” in § 1964(c) — Meaning of “Business” in § 1964(c) — Mere “Expectancy Interests” ≠ Business or Property — Loss of NCAA Eligibility = Loss of a Status, Not Loss of Property — Pecuniary Losses (Here, Attorney’s Fees) Flowing from a Non-Cognizable Injury Are Not Recoverably via RICO

RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

Severe Emotional Distress and Trauma ≠ RICO Injury — Parents’ Voluntary Financial Support of Adult Daughter Who Was Forced to Sign Over Her Annuity in Violation of RICO Not Proximately Caused by RICO Violation — Injury Is Derivative, Not Direct (Intimation of Different Result if Financial Support Required by Law) — RICO Injury Is Requirement for Statutory Standing (12(b)(6) Issue), Not Constitutional Standing (12(b)(1) Issue)

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

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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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