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

Email Admissibility — Hearsay — State of Mind Exception — There Is No “Self-Serving” Objection

Brown v. Golden State Foods Corps., 2015 Wash. App. LEXIS 371 (Wash. Ct. App. Feb. 24, 2015): Anthony Brown appeals from the trial court's order granting summary judgment to Golden State Foods Corporation (GSF) on Brown's claims of disability discrimination, retaliatory discharge, and failure to provide rest or meal breaks. Br ...
Brown v. Golden State Foods Corps., 2015 Wash. App. LEXIS 371 (Wash. Ct. App. Feb. 24, 2015): Anthony Brown appeals from the trial court's order granting summary judgment to Golden State Foods Corporation (GSF) on Brown's claims of disability discrimination,…
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No Mandamus to Review Order Compelling Fifth Amendment Materials in Tax Case — Post-Judgment Appeal Enough — Entertaining Opinion on Differing Approaches to Marijuana Industry Taken by DOJ (No Prosecution) & IRS (No Deductions)

Feinberg v. Comm’r of Internal Revenue, 2015 U.S. App. LEXIS 22161 (10th Cir. Dec. 18, 2015): This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs and Ms. McDonald run Total Health Concepts, or THC, a not-so-subtly-named Colorado marijuana dispe ...
Feinberg v. Comm’r of Internal Revenue, 2015 U.S. App. LEXIS 22161 (10th Cir. Dec. 18, 2015): This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs…
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Facebook Evidence — New Hampshire Supreme Court Upholds Circumstantial Authentication Based on Defendant’s Access to iPad Used to Send Messages and the Messages’ Contents and Timing

State v. Palermo, 2015 N.H. LEXIS 130 (N.H. S.Ct. Dec. 18, 2015): Following a jury trial in Superior Court (Nicolosi, J.), the defendant, Christopher M. Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i) (2007), one count of criminal trespass, see R ...
State v. Palermo, 2015 N.H. LEXIS 130 (N.H. S.Ct. Dec. 18, 2015): Following a jury trial in Superior Court (Nicolosi, J.), the defendant, Christopher M. Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i)…
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Arbitration — Incorporation of AAA Rules Does Not Render Availability of Class Arbitration a Matter for the Arbitrators Rather Than Court (Case Law But Not Circuit Split) — Does Incorporation Permit Class Arbitration? — Undecided Here

Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016): In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014), cert. denied, 135 S. Ct. 1530, 191 L. Ed. 2d 558 (2015), we held that the availability of class arbitration constitutes a "ques ...
Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016): In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014), cert. denied, 135 S. Ct. 1530, 191 L. Ed. 2d …
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Rule 11 Sanctions — Absence of Case Law Recognizing Constitutional Right Does Not Necessarily Render Claim Frivolous — Claim of Conspiracy with Gov’t Officials Falls Outside 1st Amend., Hence No Improper Purpose

Buckler v. MacGregor, 2015 U.S. App. LEXIS 21613 (11th Cir. Dec. 15, 2015): The Druid Hills Civic Association, Inc. (DHCA) and Robert Bruce MacGregor, III, appeal the district court's [*2]  denial of their motions for sanctions and attorney's fees in Robert H. Buckler and H. Anthony McCullar's 42 U.S.C. ...
Buckler v. MacGregor, 2015 U.S. App. LEXIS 21613 (11th Cir. Dec. 15, 2015): The Druid Hills Civic Association, Inc. (DHCA) and Robert Bruce MacGregor, III, appeal the district court's [*2]  denial of their motions for sanctions and attorney's fees in…
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If Defendant Stipulates to a Judgment for All Relief Plaintiff Seeks, Plaintiff Is Not Entitled to Trial on Issues That Wouldn’t Affect the Judgment — No Need to Use Rule 68 — Defendant May Disclaim Liability

Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.P.A., 2015 U.S. Dist. LEXIS 19358 (E.D.N.Y. Feb. 18, 2015): The issue before the Court is whether entry of judgment is appropriate where a defendant has consented to judgment for all [*2]  the relief the plaintiff seeks at trial, but the pla ...
Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.P.A., 2015 U.S. Dist. LEXIS 19358 (E.D.N.Y. Feb. 18, 2015): The issue before the Court is whether entry of judgment is appropriate where a defendant has consented to…
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Rule 56(h) Sanctions — Willful Blindness = Bad Faith in Filing False Client Affid. on SJ — Withdrawing Claims from Overly Inclusive Complaint Doesn’t Warrant § 1927 or Inherent Power Sanctions —Good Quotes: Litigation ≠ Sport or Lottery

Jimenez v. City of NY, 2015 U.S. Dist. LEXIS 165359 (S.D.N.Y. Dec. 9, 2015): I. INTRODUCTION On September 24, 2015, this Court granted defendants' motion for summary judgment in this action brought under section 1983 of Title 42 of the United States Code. Defendants now move for attorneys' fees under se ...
Jimenez v. City of NY, 2015 U.S. Dist. LEXIS 165359 (S.D.N.Y. Dec. 9, 2015): I. INTRODUCTION On September 24, 2015, this Court granted defendants' motion for summary judgment in this action brought under section 1983 of Title 42 of the…
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Removal — Is It Sufficient for One Defendant, in a Timely Notice of Removal, to Recite That All Co-Defendants Consent to Removal or Must Each of Them Separately Consent in Writing? — Circuit Split

Baldy v. First Niagara Pavilion, CCRL, LLC, 2015 U.S. Dist. LEXIS 162123 (W.D. Pa. Dec. 3, 2015): B. The Circuit Split District [*13]  courts within the Third Circuit have recognized that "[u]nanimity may be expressed by defendants either jointly filing the notice of removal or consenting to the r ...
Baldy v. First Niagara Pavilion, CCRL, LLC, 2015 U.S. Dist. LEXIS 162123 (W.D. Pa. Dec. 3, 2015): B. The Circuit Split District [*13]  courts within the Third Circuit have recognized that "[u]nanimity may be expressed by defendants either jointly filing …
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Securities — Scienter — May a Plaintiff Plead Collective Scienter against an Entity without Pleading Scienter against an Individual Associated with It? — Circuit Split

Sun v. Han, 2015 U.S. Dist. LEXIS 170005 (D.N.J. Dec. 21, 2015): This matter comes before the Court by way of Defendant Mazars CPA Limited ("Mazars CPA" or "Defendant")'s Motion to Dismiss (ECF No. 30, "Def s. Mov. Br.") Plaintiff Bin Qu's amended putative class action complaint ("Amended Com ...
Sun v. Han, 2015 U.S. Dist. LEXIS 170005 (D.N.J. Dec. 21, 2015): This matter comes before the Court by way of Defendant Mazars CPA Limited ("Mazars CPA" or "Defendant")'s Motion to Dismiss (ECF No. 30, "Def s. Mov. Br.") Plaintiff…
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28 U.S.C. § 1782 — Statutory & Discretionary Factors — International (UNCITRAL) Arbitration Is a “Foreign Proceeding” for Which Discovery May Be Ordered under § 1782

In re Application of Republic of Ecuador, 2015 U.S. Dist. LEXIS 169500 (D. Mass. Dec. 18, 2015): The Republic of Ecuador and its civil attorney general, Dr. Diego García Carrión (collectively, the "Republic") submitted an application under 28 U.S.C. § 1782(a) for an order allowing them to serve a subpoena on Dr. ...
In re Application of Republic of Ecuador, 2015 U.S. Dist. LEXIS 169500 (D. Mass. Dec. 18, 2015): The Republic of Ecuador and its civil attorney general, Dr. Diego García Carrión (collectively, the "Republic") submitted an application under 28 U.S.C. §…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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