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

Rule 37(c) Sanctions — Failure to Timely Amend Contention Interrogatory Can Bar Theory of Liability — Factors Guiding Discovery Sanctions (2d Circuit) — Dismissal for 26(e) Failure to Supplement as Abuse of Discretion

TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 2015 U.S. App. LEXIS 16517 (Fed. Cir. Sept. 16, 2015): Tivo Research and Analytics, Inc. dba TRA, Inc. ("TRA") appeals a judgment of the district court granting summary judgment in favor of TNS Media Research, LLC dba Kantar Media Audiences and Cavendish Square Hold ...
TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 2015 U.S. App. LEXIS 16517 (Fed. Cir. Sept. 16, 2015): Tivo Research and Analytics, Inc. dba TRA, Inc. ("TRA") appeals a judgment of the district court granting summary judgment in…
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When Does Attorney-Client Privilege Attach to Advice for a Response to the Media? — Caselaw Split — Factors for Determining When Counsel for Adverse Party May Be Deposed (Shelton Approach)

Alomari v Ohio Dep’t of Public Safety, 2015 U.S. App. LEXIS 16237 (6th Cir. Sept. 9, 2015): Omar Alomari ("Plaintiff") filed suit against the Ohio Department of Public Safety ("ODPS"), ODPS Director Thomas Charles, former ODPS Director Thomas Stickrath, and former Ohio Homeland Security ("OHS") Director ...
Alomari v Ohio Dep’t of Public Safety, 2015 U.S. App. LEXIS 16237 (6th Cir. Sept. 9, 2015): Omar Alomari ("Plaintiff") filed suit against the Ohio Department of Public Safety ("ODPS"), ODPS Director Thomas Charles, former ODPS Director Thomas Stickrath, and…
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Rule 26(a)(1) Disclosure Violation — Exclusion Is the Usual Remedy, But There Are Many Alternatives — Honest Mistake as Defense to Sanctions — 6th Circuit Adopts 4th Circuit’s 5-Factor Test for Substantial Justification / Harmless Error

Howe v. City of Akron, 2015 U.S. App. LEXIS 16529 (6th Cir. Sept. 17, 2015): In 2004, Defendant-Appellant City of Akron administered promotional examinations for firefighters for the ranks of Lieutenant and Captain. The Plaintiffs-Appellees [*2]  are Akron firefighters who took the examinations, but were not promoted. They filed this ...
Howe v. City of Akron, 2015 U.S. App. LEXIS 16529 (6th Cir. Sept. 17, 2015): In 2004, Defendant-Appellant City of Akron administered promotional examinations for firefighters for the ranks of Lieutenant and Captain. The Plaintiffs-Appellees [*2]  are Akron firefighters who…
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Hearsay — Emails from Military Personnel to NTSB at NTSB’s Formal Request, Verified as True by Declarations That Subject Authors to Court Martial in Addition to Normal Perjury Penalties, Satisfy Residual Exception (Rule 807)

Brokaw v. Boeing Co., 2015 U.S. Dist. LEXIS 137074 (N.D. Ill. Oct. 5, 2015): The plaintiffs in these five consolidated cases--Elizabeth Brokaw, as personal representative of the estate of Jamie L. Brokaw, William Thompson, as personal representative of the estate of Jeremy P. Lipka, Rajnit Virdi, as personal representative of the esta ...
Brokaw v. Boeing Co., 2015 U.S. Dist. LEXIS 137074 (N.D. Ill. Oct. 5, 2015): The plaintiffs in these five consolidated cases–Elizabeth Brokaw, as personal representative of the estate of Jamie L. Brokaw, William Thompson, as personal representative of the estate…
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Rule 11 and § 1927 Sanctions Predicated on Factual Findings Concerning Foreign Corporate Transactions That Are Contradicted by Foreign Court Determinations Reversed — Arguments Thus Validated Are Not Entirely Groundless

Philos Techs., Inc. v. Philos & D, Inc., 2015 U.S. App. LEXIS 16812 (7th Cir. Sept. 22, 2015): This lawsuit involves a complicated transaction-or set of transactions-among several related companies, most of which are based in the Republic of Korea. At its core, the lawsuit alleges that the defendants, Kore-an company Philos & D, Inc. ...
Philos Techs., Inc. v. Philos & D, Inc., 2015 U.S. App. LEXIS 16812 (7th Cir. Sept. 22, 2015): This lawsuit involves a complicated transaction-or set of transactions-among several related companies, most of which are based in the Republic of Korea.…
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Documents Obtained under 28 U.S.C. § 1782 for Use Abroad May Be Used in Subsequent U.S. Litigation (e.g., to Draft Complaint, Prepare Discovery Requests), Unless a Protective Order Bars It — Admissibility to Be Determined by Judge in 2nd Case

Glock v. Glock, Inc., 2015 U.S. App. LEXIS 14400 (11th Cir. Aug. 17, 2015): Gaston Glock created the Glock 17 handgun for the Austrian army in 1982.1 Four years later, Glock's guns arrived in the United States.2 1   Paul M. Barrett, Glock, the Rise of America's Gun< ...
Glock v. Glock, Inc., 2015 U.S. App. LEXIS 14400 (11th Cir. Aug. 17, 2015): Gaston Glock created the Glock 17 handgun for the Austrian army in 1982.1 Four years later, Glock's guns arrived in the United States.2 1   Paul M.…
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YouTube and Facebook Authentication — Witness Recognizes and Identifies Depicted Persons (Rule 901(a)) — Authentication by Distinctive Characteristics (901(b)(4))

State v. Callender, 2015 Ohio App. LEXIS 4140 (Ohio Ct. App. Oct. 13, 2015): [*P1]  Jesean Callender is appealing from his convictions of the charge of aggravated murder and related specifications. For the following reasons, we affirm the judgment of the Franklin County Court of Common Pleas.  [*P2]  Callender assigns two er ...
State v. Callender, 2015 Ohio App. LEXIS 4140 (Ohio Ct. App. Oct. 13, 2015): [*P1]  Jesean Callender is appealing from his convictions of the charge of aggravated murder and related specifications. For the following reasons, we affirm the judgment of…
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Disqualification Appeal Not Mooted by Settlement — Representation of Homeowners’ Ass’n Doesn’t Bar Suit against Controlling Corp. after Control Ends — Director’s Claim of Personal Representation Rejected — Limits of Advocate-Wit. Rule

Legacy Villas at La Quinta Homeowners Ass’n v. Centex Homes, 2015 U.S. App. LEXIS 16799 (9th Cir. Sept. 22, 2015): Appellant law firm Peters & Freedman, LLP appeals (1) the district court's April 30, 2012 order disqualifying the law firm from representing La Quinta Homeowners Association ("the Homeowners Association ...
Legacy Villas at La Quinta Homeowners Ass’n v. Centex Homes, 2015 U.S. App. LEXIS 16799 (9th Cir. Sept. 22, 2015): Appellant law firm Peters & Freedman, LLP appeals (1) the district court's April 30, 2012 order disqualifying the law firm …
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Facebook Authentication — Alleged Author’s Admission That One Facebook Account Was Hers and That She Wrote One Comment over Her Web Name on Another’s Account Authenticated All Comments Attributed to Her on Both Accounts

Donley v. Donley, 2015 Ark. App. 496, 2015 Ark. App. LEXIS 590 (2015): Temika Donley appeals the Pulaski County Circuit Court's order denying her petition to terminate Lakitcher ("Kisha") Donley's guardianship over Temika's daughter, M.B. On appeal, Temika argues that the circuit court applied the wrong legal sta ...
Donley v. Donley, 2015 Ark. App. 496, 2015 Ark. App. LEXIS 590 (2015): Temika Donley appeals the Pulaski County Circuit Court's order denying her petition to terminate Lakitcher ("Kisha") Donley's guardianship over Temika's daughter, M.B. On appeal, Temika argues that…
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Sanctions — Where Separate Motion Requirement of Rule 11 Dishonored, Sanctions Award Deemed Sua Sponte & Cannot Include Fees — Vexatious Litigant Injunction Can’t Bar Response to Sanctions Motion

Martin v. Bravenec, 2015 U.S. App. LEXIS 17406 (5th Cir. Oct. 2, 2015): Rowland J. Martin, Jr., proceeding pro se, appeals orders of the district court awarding attorney's fees to Edward Bravenec, the Law Office of McKnight and Bravenec, and 1216 West Avenue, Incorporated, under FED. R. CIV. P. 11, and striking his pleadings oppos ...
Martin v. Bravenec, 2015 U.S. App. LEXIS 17406 (5th Cir. Oct. 2, 2015): Rowland J. Martin, Jr., proceeding pro se, appeals orders of the district court awarding attorney's fees to Edward Bravenec, the Law Office of McKnight and Bravenec, and…
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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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