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

Attorney’s Violation of Ethical Rules in Disclosing Privileged Communications Is Irrelevant to the Communications’ Admissibility — Advice-of-Counsel Defense Waives Privilege Even If Defense Is Invalid

Am. Plastics Techs., Inc. v. Dymond Pharmcare Indus., Ltd., 2015 U.S. Dist. LEXIS 162716 (N.D. Ill. Dec. 4, 2015): Plaintiffs/Counter-Defendants American Plastics Technologies, Inc. and Rao Murukurthy ("Murukurthy") (collectively [*4]  "Plaintiffs"), and Defendants/Counter-Plaintiffs Dymond Pharmc ...
Am. Plastics Techs., Inc. v. Dymond Pharmcare Indus., Ltd., 2015 U.S. Dist. LEXIS 162716 (N.D. Ill. Dec. 4, 2015): Plaintiffs/Counter-Defendants American Plastics Technologies, Inc. and Rao Murukurthy ("Murukurthy") (collectively [*4]  "Plaintiffs"), and Defendants/Counter-Plaintiffs Dymond Pharmcare Industries, Ltd. ("Dymond") and Obong…
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Judicial Notice of Internet Evidence — Document Posted on a Foreign or Domestic Official Website Is Presumptively Authentic If Government Sponsorship Can Be Verified by Visiting Website — Voluminous Length May Require Additional Proffer

Berry Plastics Corp. v. Intertape Polymer Corp., 2015 U.S. Dist. LEXIS 162609 (S.D. Ind. Dec. 4, 2015): Plaintiff, Berry Plastics Corporation, requests that the court take judicial notice of the European Patent Office ("EPO") patent opposition prosecution history of European Patent No. 1,056,584 pursuant to Federal Rules of ...
Berry Plastics Corp. v. Intertape Polymer Corp., 2015 U.S. Dist. LEXIS 162609 (S.D. Ind. Dec. 4, 2015): Plaintiff, Berry Plastics Corporation, requests that the court take judicial notice of the European Patent Office ("EPO") patent opposition prosecution history of European…
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Rule 11 Sanctions — Baseless Objection to Class Action Settlement — Good Quote: Burying One’s Head in the Sand, in the Hope That a Judge Will Disregard an Adverse Decision by the Supreme Court, Is a Paradigm of Frivolous Litigation

In re Polyurethane Foam Antitrust Litig., 2015 U.S. Dist. LEXIS 156546 (N.D. Ohio Nov. 19, 2015): The Direct Purchaser Class moves for Rule 11 sanctions against Objector Michael Narkin (Doc. 1743), and Narkin moves for sanctions against Class Counsel (Doc. 1800). Sanctions are appropriate because Narkin is not a class ...
In re Polyurethane Foam Antitrust Litig., 2015 U.S. Dist. LEXIS 156546 (N.D. Ohio Nov. 19, 2015): The Direct Purchaser Class moves for Rule 11 sanctions against Objector Michael Narkin (Doc. 1743), and Narkin moves for sanctions against Class Counsel (Doc.…
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Lay Opinion Testimony Based on Hearsay Statements Made by Unidentified Individuals, Well Beyond Witness’s Personal Experience, Violates Rule 701 — Email Containing Hearsay That Is Relevant to State of Mind Only If Hearsay Is True Is Inadmissible

United States v. Lloyd, 2015 U.S. App. LEXIS 21056 (9th Cir. Dec. 4, 2015): Five defendants appeal their convictions or sentences for selling unregistered securities. The defendants worked for telemarketing "boiler rooms" in California and Florida, soliciting investments in partnerships to finance the production and distribu ...
United States v. Lloyd, 2015 U.S. App. LEXIS 21056 (9th Cir. Dec. 4, 2015): Five defendants appeal their convictions or sentences for selling unregistered securities. The defendants worked for telemarketing "boiler rooms" in California and Florida, soliciting investments in partnerships…
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Rule 11 — Failing, in Summary Judgment Opposition Brief, to Make Specific Arguments in Defense of Claims Subject to Rule 11 Motion Is Not Equivalent to Withdrawing Them Per Safe Harbor

Barrett-Bowie v. Select Portfolio Servicing, Inc., 2015 U.S. App. LEXIS 20706 (5th Cir. Nov. 25, 2015): [Plaintiff’s counsel] appeal the district court's Rule 11 sanction order reprimanding them for submitting pleadings that contained factual allegations that Appellants knew were false. Because the district court did not abuse i ...
Barrett-Bowie v. Select Portfolio Servicing, Inc., 2015 U.S. App. LEXIS 20706 (5th Cir. Nov. 25, 2015): [Plaintiff’s counsel] appeal the district court's Rule 11 sanction order reprimanding them for submitting pleadings that contained factual allegations that Appellants knew were false.…
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Twiqbal and Affirmative Defenses — Ninth Circuit Applies Fair-Notice Standard, Not Heightened Pleading Standard of Twombly and Iqbal, to Affirmative Defenses (Cases Are Split on the Issue)

Castellano v. Access premier Realty, Inc., 2015 U.S. Dist. LEXIS 158078 (E.D. Cal. Nov. 23, 2015): An affirmative defense is an "assertion of facts and arguments that, if true, will defeat the plaintiff's [ ] claim, even if all the allegations in the complaint are true." Black's Law Dictionary (10th ed. 2014). A cour ...
Castellano v. Access premier Realty, Inc., 2015 U.S. Dist. LEXIS 158078 (E.D. Cal. Nov. 23, 2015): An affirmative defense is an "assertion of facts and arguments that, if true, will defeat the plaintiff's [ ] claim, even if all the…
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Diversity Jurisdiction — Supreme Court Has Granted Cert to Resolve Circuit Split as to Whether Citizenship of a Trust Is Determined by Citizenship of Controlling Trustees, Trust Beneficiaries or Some Combination of Both

WNWSR, LLC v. Chesapeake Energy Corp., 2015 U.S. Dist. LEXIS 159527 (S.D. Tex. Nov. 19, 2015): 5   The courts of appeals agree that the citizenship of a limited liability company is determined by the citizenship of the company's shareholders. Grupo Dataflux v. Atlas Glob. Grp., L.P., 541 U.S. 567, 585 n.1 (2004) (noting ...
WNWSR, LLC v. Chesapeake Energy Corp., 2015 U.S. Dist. LEXIS 159527 (S.D. Tex. Nov. 19, 2015): 5   The courts of appeals agree that the citizenship of a limited liability company is determined by the citizenship of the company's shareholders. Grupo…
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30(b)(6) Testimony Binding Only in Sense It Can Be Used Against Organization — Testimony Can be Corrected, Explained or Supplemented — Entity Isn’t Bound to Whatever a Fairly-Prepared and Candid Deponent Happens to Recall

Keepers, Inc. v. Sidepockets, Inc., 2015 U.S. App. LEXIS 20223 (2d Cir. Nov. 20, 2015): Plaintiff Keepers, Inc. ("Keepers") and defendant City of Milford, Connecticut ("Milford" or "the City") appeal and cross-appeal, respectively, from partial summary judgment awards to each party by the United States Di ...
Keepers, Inc. v. Sidepockets, Inc., 2015 U.S. App. LEXIS 20223 (2d Cir. Nov. 20, 2015): Plaintiff Keepers, Inc. ("Keepers") and defendant City of Milford, Connecticut ("Milford" or "the City") appeal and cross-appeal, respectively, from partial summary judgment awards to each…
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Changes to Deposition Testimony — Circuit Split as to Whether Substantive Changes Allowed — In Some Circuits That Allow Substantive Changes, Sham Affidavit Rule Bars Contradiction, But Applies Only on Summary Jmt; Otherwise, Credibility Is for Jury

Arce v. Chi. Trans. Auth., 2015 U.S. Dist. LEXIS 159917 (N.D. Ill. Nov. 30, 2015): On June 29, 2015, Defendant Chicago Transit Authority (the "CTA") deposed Charlotte Arce, spouse of Plaintiff Israel Arce, based upon Plaintiff's Rule 26(a) disclosure that Mrs. Arce is a witness with relevant knowledge of ...
Arce v. Chi. Trans. Auth., 2015 U.S. Dist. LEXIS 159917 (N.D. Ill. Nov. 30, 2015): On June 29, 2015, Defendant Chicago Transit Authority (the "CTA") deposed Charlotte Arce, spouse of Plaintiff Israel Arce, based upon Plaintiff's Rule 26(a) disclosure that …
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RICO — “Difficult, Though Not Impossible, to Certify a Class in a RICO Mail Fraud Case” — First Party Reliance Usually Means Individual Inquiry — Setting Sights Lower Could Work Using Generalized Proof — Potential Use of Regression Analyses

Sergeants Benevolent Ass’n Health & Welfare Fund v. Sanofi-Aventis U.S. LLP, 2015 U.S. App. LEXIS 19797 (2d Cir. Nov. 13, 2015 (2d Cir Nov. 13, 2015): Plaintiffs-Appellants are three health-benefit plans ("HBPs") that brought suit under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et se ...
Sergeants Benevolent Ass’n Health & Welfare Fund v. Sanofi-Aventis U.S. LLP, 2015 U.S. App. LEXIS 19797 (2d Cir. Nov. 13, 2015 (2d Cir Nov. 13, 2015): Plaintiffs-Appellants are three health-benefit plans ("HBPs") that brought suit under the Racketeer Influenced and …
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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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