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

Twitter Authentication — Tweets Downloaded by Non-Testifying, Non-Certifying Third Party Not Sufficiently Authenticated; Nor Was Their Contents

People v. Mosley, 2015 Cal. App. Unpub. LEXIS 7470 (Cal. Ct. App. Oct. 20, 2015): In a fourth amended information, codefendants and appellants Lavelle Mosley (Mosley) and Terion Lamarr Collins (Collins) (collectively appellants) were charged with five counts of second degree robbery. (Pen. Code, § 211; counts 1-4, 7. ...
People v. Mosley, 2015 Cal. App. Unpub. LEXIS 7470 (Cal. Ct. App. Oct. 20, 2015): In a fourth amended information, codefendants and appellants Lavelle Mosley (Mosley) and Terion Lamarr Collins (Collins) (collectively appellants) were charged with five counts of second …
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Arbitration — Waiver by Participating in Litigation — Issue for Court or Arbitrator? — Circuit Split

Smith v. Adams & Assocs., 2015 U.S. Dist. LEXIS 138670 (N.D. Ill. Oct. 9, 2015): Smith concedes that the employment agreement that she signed "contains a provision requiring that employment issues, including claims of discrimination, be arbitrated." (Pl.'s Resp., Dkt. 42, at 1.) Nevertheless, she contends that Adams & Ass ...
Smith v. Adams & Assocs., 2015 U.S. Dist. LEXIS 138670 (N.D. Ill. Oct. 9, 2015): Smith concedes that the employment agreement that she signed "contains a provision requiring that employment issues, including claims of discrimination, be arbitrated." (Pl.'s Resp., Dkt.…
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Back Surgery as Spoliation? — Maybe, But Not Where Defendant Was Alerted That Surgery Would Be Forthcoming & Failed to Schedule Adverse Medical Exam — No Intent to Deceive or Deprive Defendant of Evidence

Guzman v. Jones, 2015 U.S. App. LEXIS 18373 (5th Cir. Oct. 22, 2015): Melvin Jones and Celadon Trucking Services appeal the district court's denial of their motion for new trial. They argue that the district court erred by admitting evidence of Jaime [*2]  Guzman's medical expenses and refusing to provide an adverse j ...
Guzman v. Jones, 2015 U.S. App. LEXIS 18373 (5th Cir. Oct. 22, 2015): Melvin Jones and Celadon Trucking Services appeal the district court's denial of their motion for new trial. They argue that the district court erred by admitting evidence …
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Rule 11 and § 1927 Sanctions Denied Where Both Parties Responsible for Multiplication of Proceedings and Movant Could Have Avoided the Costs It Sought to Recover by Acting with Greater Diligence

Nilon v. Natural-Immunogenics Corp., 2015 U.S. Dist. LEXIS 146315 (S.D. Cal. Oct. 28, 2015): I. Introduction and Procedural Background On May 22, 2015, the Honorable Larry A. Burns issued an Order of Dismissal in this case and a Clerk's Judgment was entered that same day dismissing Plaintiff Giovanni Sandov ...
Nilon v. Natural-Immunogenics Corp., 2015 U.S. Dist. LEXIS 146315 (S.D. Cal. Oct. 28, 2015): I. Introduction and Procedural Background On May 22, 2015, the Honorable Larry A. Burns issued an Order of Dismissal in this case and a Clerk's Judgment…
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The 4 Major Changes to the Federal Rules of Civil Procedure Effective Dec. 1, 2015

Gregory P. Joseph* Narrower Scope of Discovery.  Discovery is confined to matters (i) “relevant to any party’s claim or defense” and (ii) “proportional to the needs of the case.”  (Rule 26(b)(1))   Reasonably-Calculated Language Deleted.  The sentence formerly ...
Gregory P. Joseph* Narrower Scope of Discovery.  Discovery is confined to matters (i) “relevant to any party’s claim or defense” and (ii) “proportional to the needs of the case.”  (Rule 26(b)(1))   Reasonably-Calculated Language Deleted.  The sentence formerly providing that “Relevant…
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Disqualification — Movants Who Are Not Present or Former Clients Lack Standing to Seek Disqualification of Opposing Law Firm (Advocate-Witness Grounds)

Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of their action against Jonas' former ...
Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of…
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Judicial Notice of Internet Evidence — Amazon.com Website

Multi Time Machine, Inc. v. Amazon.com, Inc., 792 F.3d 1070 (9th Cir. 2015): We are called upon to determine whether the operation of a retailer's website infringes a trademark because of the manner in which it responds to a shopper's search request for the trademarked goods. What the website's response st ...
Multi Time Machine, Inc. v. Amazon.com, Inc., 792 F.3d 1070 (9th Cir. 2015): We are called upon to determine whether the operation of a retailer's website infringes a trademark because of the manner in which it responds to a shopper's …
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Inherent Power & § 1927 — Issuance of Overbroad Subpoena by Criminal Defense Counsel on Counsel for Co-Defendant Seeking Communications with Prosecutor Not Sanctionable — Recklessness-Plus Required for § 1927 Sanctions in 9th Circuit

United States v. Rico, 2015 U.S. App. LEXIS 13123 (9th Cir. July 28, 2015): *** (3) Rico finally claims that we should reverse because the [*7]  district court erred when it quashed a subpoena directed by his counsel to the counsel for a co-defendant. The subpoena sought materials and testimony with which to impeach th ...
United States v. Rico, 2015 U.S. App. LEXIS 13123 (9th Cir. July 28, 2015): *** (3) Rico finally claims that we should reverse because the [*7]  district court erred when it quashed a subpoena directed by his counsel to the …
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Text Messages: Offer of Gun to Defendant = Non-Hearsay Verbal Act; Picture Retrieved from Cell Sufficiently Authenticated by Fact It Showed Same Make and Model Offered to & Recovered from Him — Photo Is Not Hearsay

People v. Mota, 2015 Cal. App. Unpub. LEXIS 7216 (Cal. Ct. App. Oct. 8, 2015): Jose J. Mota and Karen Garcia were convicted of possession of a firearm after police observed Mota pass the gun to Garcia on a street in Los Angeles and recovered from Mota's cell phone a photograph of the gun. On appeal, Mota contends the photo ...
People v. Mota, 2015 Cal. App. Unpub. LEXIS 7216 (Cal. Ct. App. Oct. 8, 2015): Jose J. Mota and Karen Garcia were convicted of possession of a firearm after police observed Mota pass the gun to Garcia on a street …
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RICO — Associated-in-Fact Enterprise — Linchpin Is Ongoing Nature of Association — No Purpose Needed Other Than Committing Racketeering Activity

Allstate Ins. Co. v. Plambeck, 2015 U.S. App. LEXIS 16571 (5th Cir. Sept. 17, 2015): Allstate Insurance Company ("Allstate") sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the Racketeer Influenced and Corrupt Organizati ...
Allstate Ins. Co. v. Plambeck, 2015 U.S. App. LEXIS 16571 (5th Cir. Sept. 17, 2015): Allstate Insurance Company ("Allstate") sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the…
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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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