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

RICO — Open-Ended Continuity Shown by Evergreen Contract (Alone, Not Enough) + Defendants’ Perpetrating Same Scheme on 2d Victim (Different Scheme Irrelevant) — Lack of Continuity Not Shown by Interruption Due to Fortuitous Discovery

Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections with international banks and with the Saudi royal family. Months and millions of dollars later ...
Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections …
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Spoliation — Bad Faith Still Required for Adverse Inference Instruction for Spoliation of Electronic Data in Criminal Cases (5th Circuit)

United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal that the district court improperly instructed his jury on § 1591's scienter requirement. He also raises five alleged ...
United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal…
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RICO: Indian Tribes Are Governmental Entities Not Subject to RICO Liability — They Are “Persons” But Immune — They Have the Mens Rea of Their Officials — Injunctive Relief Is Available in Private RICO Actions

Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation in Montana (the Tribe). They claim that the "payday" loans offered b ...
Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian…
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Deposition Errata Sheets: To What Extent May Changes Be Made? — Does Sham Affidavit Rule Apply? — Circuit Split — Substantive vs. Transcription Errors vs. New Evidence or Confusion Rectifying

LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript is available, to: &q ...
LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript …
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Supreme Court — Standing — Injury in Fact Must Be Both Particularized and Concrete, Even in the Context of a Statutory Violation Providing a Cause of Action and Statutory Damages

Spokeo, Inc. v. Robins, 2016 U.S. LEXIS 3046 (U.S. May 16, 2016): This case presents the question whether respondent Robins has standing to maintain an action in federal court against petitioner Spokeo under the Fair Credit Reporting Act of 1970 (FCRA or Act), 84 Stat. 1127, as amended, 15 U. S. C. §1681 et seq ...
Spokeo, Inc. v. Robins, 2016 U.S. LEXIS 3046 (U.S. May 16, 2016): This case presents the question whether respondent Robins has standing to maintain an action in federal court against petitioner Spokeo under the Fair Credit Reporting Act of 1970…
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Rule 37 Sanctions — Prevailing Party Ordered to Pay $135,000 in Attorney’s Fees for Discovery Violations — Meet-and-Confer Requirement Satisfied in Part by Email Communications and Calls

Houston v. C.G. Security Servs., Inc., 2016 U.S. App. LEXIS 7473 (7th Cir. Apr. 25, 2016): This appeal arises out of a lawsuit brought by plaintiff-appellee Angel Houston, who sustained injuries from a fall during a New Year's Eve party at a Hyatt hotel in Indianapolis. Defendant-appellant C.G. Security Services, Inc. ("C.G.& ...
Houston v. C.G. Security Servs., Inc., 2016 U.S. App. LEXIS 7473 (7th Cir. Apr. 25, 2016): This appeal arises out of a lawsuit brought by plaintiff-appellee Angel Houston, who sustained injuries from a fall during a New Year's Eve party…
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Supreme Court — Jurisdiction under §27 of Exchange Act = §1331 Arising Under: Either Federal Law Creates Claim or Grable — Use of 1927-1933 Dictionaries to Construe 1934 Statute — Good Quote on State Court Comity

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 2016 U.S. LEXIS 3049 (U.S. May 16, 2016): Section 27 of the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 992, as amended, 15 U. S. C. §78a, et seq., grants federal district courts exclusive jurisdiction "of all suits in equity and actions at law ...
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 2016 U.S. LEXIS 3049 (U.S. May 16, 2016): Section 27 of the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 992, as amended, 15 U. S. C. §78a, et seq., …
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Motions to Dismiss — Mere Mention of Document in Complaint Doesn’t Make It Integral or Usable on 12(b)(6) Motion — Reference to Another Lawsuit Doesn’t Incorporate All Litigation Documents — RICO Untimeliness Dismissal Reversed

Goel v. Bunge, Ltd., 2016 U.S. App. LEXIS 7678 (2d Cir. Apr. 28, 2106): Plaintiffs-appellants Vikas Goel and Rainforest Trading Ltd. (jointly, "plaintiffs") appeal August 7, 2015 and August 27, 2015 judgments of the United States District Court for the Southern District of New York (Katherine B. Forrest, Judge) di ...
Goel v. Bunge, Ltd., 2016 U.S. App. LEXIS 7678 (2d Cir. Apr. 28, 2106): Plaintiffs-appellants Vikas Goel and Rainforest Trading Ltd. (jointly, "plaintiffs") appeal August 7, 2015 and August 27, 2015 judgments of the United States District Court for the …
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Rule 16(f) Sanctions — Dismissal for Failure to Pay Attorney’s Fees Ordered as Prior 16(f) Sanction — Corporation May Not Appear Pro Se

Bolus v. Fleetwood RV, Inc., 2016 U.S. App. LEXIS 7418 (4th Cir. Apr. 25, 2016): Robert Bolus and Bolus Truck Sales & Center, Inc. (Bolus) appeal the district court's order dismissing his suit for failure to comply with an order to pay Appellees' attorney's fees.  [Ed. note:  This prior order wa ...
Bolus v. Fleetwood RV, Inc., 2016 U.S. App. LEXIS 7418 (4th Cir. Apr. 25, 2016): Robert Bolus and Bolus Truck Sales & Center, Inc. (Bolus) appeal the district court's order dismissing his suit for failure to comply with an order …
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Facebook Authentication Insufficient — Expert Pulled Metadata from One Side of Chat But, Because Conversants Were No Longer “Friends” Then, Data Showed Unknown Account as Source of Messages — Expert Admits Messages Could’ve Been Altered

Adoption of Nash, 2016 Mass. App. Unpub. LEXIS 520 (Mass. Ct. App. May 12, 2016): The mother appeals from a decree issued by a judge of the Juvenile Court determining that the best interests of her son, Nash, would be served by the termination of the mother's parental rights. See G. L. c. 119, § 26; G. L. c. ...
Adoption of Nash, 2016 Mass. App. Unpub. LEXIS 520 (Mass. Ct. App. May 12, 2016): The mother appeals from a decree issued by a judge of the Juvenile Court determining that the best interests of her son, Nash, would be …
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Recent Posts

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

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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