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

Sanctions Appeal by Counsel Mooted Where Sanction Imposed on Client (for Counsel’s Conduct) and Client Settles Sanction, Despite Harm to Counsel’s Reputation from Language in Opinion — 2 to 1 Decision — Where Is the Line on Appealability?

Tesco Corp. v. Nat’l Oil Well Varco, LP, 2015 U.S. App. LEXIS 18903 (Fed. Cir. Oct. 30, 2015): Plaintiff Tesco Corporation ("Tesco") and interested parties-appellants [*2]  Glenn A. Ballard, Jr. and John F. Luman, III (collectively "the Attorneys") filed this appeal from a decision of the United States D ...
Tesco Corp. v. Nat’l Oil Well Varco, LP, 2015 U.S. App. LEXIS 18903 (Fed. Cir. Oct. 30, 2015): Plaintiff Tesco Corporation ("Tesco") and interested parties-appellants [*2]  Glenn A. Ballard, Jr. and John F. Luman, III (collectively "the Attorneys") filed this …
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Facebook Authentication — Witness Who Accepted Friend Request Testifies She Was Tagged on Threatening Posts and Received Threatening Photo Via Facebook News Feed, and Her Screenshots of Posts and Photos Are Fair and Accurate

People v. Wooten, 2015 Cal. App. Unpub. LEXIS 8115 (Cal. Ct. App. Nov. 12, 2015): A jury convicted William Fred Wooten of making a criminal threat.*** FACTUAL AND PROCEDURAL BACKGROUND Jene Yates suspected that her 16-year-old sister was acting as a prostitute for Wooten. Yates had seen an advertisement featuring her sis ...
People v. Wooten, 2015 Cal. App. Unpub. LEXIS 8115 (Cal. Ct. App. Nov. 12, 2015): A jury convicted William Fred Wooten of making a criminal threat.*** FACTUAL AND PROCEDURAL BACKGROUND Jene Yates suspected that her 16-year-old sister was acting as…
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Judicial Notice of Internet Evidence — Can Emails of Public Entities Be Judicially Noticed as “Official Acts?” (Would Requisite Foundation Be Tantamount to Conventional Authentication?)

Takla v. Regents of the Univ. of Calif., 2015 U.S. Dist. LEXIS 150587 (C.D. Cal. Nov. 2, 2015): I. INTRODUCTION On August 28, 2015, plaintiffs Nefertiti Takla ("Takla") and Kristen Hillaire Glasgow ("Glasgow") filed their First Amended Complaint ("FAC") against defendant the Regent ...
Takla v. Regents of the Univ. of Calif., 2015 U.S. Dist. LEXIS 150587 (C.D. Cal. Nov. 2, 2015): I. INTRODUCTION On August 28, 2015, plaintiffs Nefertiti Takla ("Takla") and Kristen Hillaire Glasgow ("Glasgow") filed their First Amended Complaint ("FAC") against…
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§ 1927 & Inherent Power Sanctions for Sending Settlement Agreement to Adversary Ostensibly Signed by Dead Client — Cross-Motion Denied Where “The Consequences of Counsel’s Violation Are Too Minimal to Justify Monetary Sanctions” (Good Quote)

Hubbard v. Plaza Bonita, LP, 2015 U.S. App. LEXIS 19715 (9th Cir. Nov. 12, 2015): The Appellant, Lynn Hubbard III, represented his mother in a lawsuit against a shopping mall and its tenants, alleging they denied her equal access to their facilities in violation of the Americans with Disabilities Act of 1990 ("ADA"), ...
Hubbard v. Plaza Bonita, LP, 2015 U.S. App. LEXIS 19715 (9th Cir. Nov. 12, 2015): The Appellant, Lynn Hubbard III, represented his mother in a lawsuit against a shopping mall and its tenants, alleging they denied her equal access to …
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Attorney-Client Privilege — Banks Have Common Interest with Borrower in Getting Favorable Tax Treatment for Restructuring Where Viability Has Tax Law Element & Banks Retain Control of Legal Decisions — Work Product Extended to E&Y Tax Memo

Schaeffler v. United States, 2015 U.S. App. LEXIS 19617 (2d Cir. Nov. 10, 2015): Georg F.W. Schaeffler ("Mr. Schaeffler" or "Schaeffler") and associated entities ("Schaeffler Group") (collectively "appellants") appeal from Magistrate Judge Gorenstein's order denying a petition to quash an IR ...
Schaeffler v. United States, 2015 U.S. App. LEXIS 19617 (2d Cir. Nov. 10, 2015): Georg F.W. Schaeffler ("Mr. Schaeffler" or "Schaeffler") and associated entities ("Schaeffler Group") (collectively "appellants") appeal from Magistrate Judge Gorenstein's order denying a petition to quash an…
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Attorney-Client Privilege — Crime-Fraud Exception: Factors — Perlman Doctrine — Failure to Provide Privilege Log As Waiver of Request for In Camera Review, Even Where Documents Held by Third Party (Counsel)

In re Grand Jury Proceedings, 2015 U.S. App. LEXIS 15911 (1st Cir. Sept. 4, 2015): Appellant is the target of an ongoing grand jury investigation into an alleged scheme to defraud investors regarding the salvaging of a sunken vessel. The district court granted the government's motion to compel the production of documents from appe ...
In re Grand Jury Proceedings, 2015 U.S. App. LEXIS 15911 (1st Cir. Sept. 4, 2015): Appellant is the target of an ongoing grand jury investigation into an alleged scheme to defraud investors regarding the salvaging of a sunken vessel. The…
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Text Messages Authenticated by 902(11) Certification from Carrier Plus Evidence Cell Number Was Defendant’s, Self-Identification in Texts and Their Contents — 902(11) Certification Also Renders Texts Non-Hearsay

Wilson v. Commonwealth, 2015 Ky. Unpub. LEXIS 70 (Ky. Sup. Ct. Sept. 24, 2015): A Kenton Circuit Court jury found Appellant, Pharo Wilson, guilty of three counts of criminal attempt to commit murder and found him to be a second-degree persistent felony offender (PFO); later, in a bifurcated trial, he was found guilty of being a felon ...
Wilson v. Commonwealth, 2015 Ky. Unpub. LEXIS 70 (Ky. Sup. Ct. Sept. 24, 2015): A Kenton Circuit Court jury found Appellant, Pharo Wilson, guilty of three counts of criminal attempt to commit murder and found him to be a second-degree…
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Email Evidence — Forwarded Emails Are Duplicate Originals within Best Evidence Rule — Circumstantial Authentication Includes Fact That Content within Messages Is Logically Interconnected and Connected to Oral Communications

State v. Robinson, 2015 Kan. LEXIS 929 (Kan. Sup. Ct. Nov. 6, 2015): John E. Robinson, Sr., was charged with multiple offenses related to the murders of six women--killings that constituted parts of a common scheme or course of conduct whereby Robinson would lure women to Johnson County with offers of employment, travel, and other ben ...
State v. Robinson, 2015 Kan. LEXIS 929 (Kan. Sup. Ct. Nov. 6, 2015): John E. Robinson, Sr., was charged with multiple offenses related to the murders of six women–killings that constituted parts of a common scheme or course of conduct…
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Rule 11 — Refiling and Failing to Withdraw Complaint Repeating Dismissed Claims Warrants Attorney’s Fees for the Cost of the Motion to Strike

Shine v. Bayonne Bd. of Educ., 2015 U.S. App. LEXIS 16771 (3d Cir. Sept. 22, 2015): Deborah Shine appeals the dismissal with prejudice of her employment discrimination and constitutional claims against the Bayonne Board of Education (the "Board"), as well as the subsequent grant of sanctions against her attorney. Because Shi ...
Shine v. Bayonne Bd. of Educ., 2015 U.S. App. LEXIS 16771 (3d Cir. Sept. 22, 2015): Deborah Shine appeals the dismissal with prejudice of her employment discrimination and constitutional claims against the Bayonne Board of Education (the "Board"), as well…
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Judicial Notice of Internet Evidence — Corporate Party’s Website Judicially Noticed for Fact That Corporation Is Active, Not Defunct, Contrary to Its Counsel’s Representations on Motion to Withdraw

Caveman Foods, LLC v. Ann Payne’s Caveman Foods, LLC, 2015 U.S. Dist. LEXIS 150001 (E.D. Cal. Nov. 4, 2015): Plaintiff Caveman Foods, LLC, a California limited liability company, filed this action against defendant Ann Payne's Caveman Foods, LLC, a Pennsylvania limited liability company, asserting claims for trademark infringeme ...
Caveman Foods, LLC v. Ann Payne’s Caveman Foods, LLC, 2015 U.S. Dist. LEXIS 150001 (E.D. Cal. Nov. 4, 2015): Plaintiff Caveman Foods, LLC, a California limited liability company, filed this action against defendant Ann Payne's Caveman Foods, LLC, a Pennsylvania…
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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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