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-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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YouTube Admissibility — Content Posted on a Party’s YouTube Account by the Party Is Admissible as an Admission — Party Has No Reasonable Expectation of Privacy as to Posted Material

Stotler v. Alvarado, 2012 Del. Super. LEXIS 1098 (Del. Super. Nov. 7, 2012): D. Plaintiff's Motion to Preclude Defendants' Use of Videos and Commentary Uploaded to Plaintiff's YouTube Account Lastly, Plaintiff filed a motion seeking to preclude Defendants' use of material from Plaintiff's o ...
Stotler v. Alvarado, 2012 Del. Super. LEXIS 1098 (Del. Super. Nov. 7, 2012): D. Plaintiff's Motion to Preclude Defendants' Use of Videos and Commentary Uploaded to Plaintiff's YouTube Account Lastly, Plaintiff filed a motion seeking to preclude Defendants' use of…
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RICO Class Action over Illegal Pyramid Scheme Not Certifiable Based on Inference of Reliance on Presumed Legality — Plaintiffs Could’ve Sought to Profit from Illegality — No Causation, Especially Where Illegality May Have Been Been Disclosed

Torres v. SGE Mgmt., LLC, 2015 U.S. App. LEXIS 17974 (5th Cir. Oct. 16, 2015): Stream Energy, its marketing arm Ignite, and a number of other defendants (collectively, the "Defendants") appeal the district court's order certifying a class of some 150,000 plaintiffs (the "Plaintiffs") in this civil action brough ...
Torres v. SGE Mgmt., LLC, 2015 U.S. App. LEXIS 17974 (5th Cir. Oct. 16, 2015): Stream Energy, its marketing arm Ignite, and a number of other defendants (collectively, the "Defendants") appeal the district court's order certifying a class of some…
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§ 1927 Sanctions — Filing Even a “Manifestly Deficient” Amended Complaint at Court’s Invitation Doesn’t Needlessly Multiply the Proceedings, But Filing Deficient Papers to Defend It Does Do So

Nollner v. S. Baptist Convention, Inc., 2015 U.S. App. LEXIS 18270 (6th Cir. Oct. 16, 2015): Ron and Beverly Nollner appeal the district court's order granting defendants' motion to dismiss, and denying the Nollners' motion for leave to amend. Even though the Nollners agreed to a choice-of-law provision stating tha ...
Nollner v. S. Baptist Convention, Inc., 2015 U.S. App. LEXIS 18270 (6th Cir. Oct. 16, 2015): Ron and Beverly Nollner appeal the district court's order granting defendants' motion to dismiss, and denying the Nollners' motion for leave to amend. Even …
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Attorney-Client Privilege — Crime-Fraud — Prima Facie Showing (Factors) — More Stringent Standard If Very Act of Litigating Is Alleged to Further the Fraud — Does It Matter If Mohawk Overruled Perlman? (Circuit Split)

In re Grand Jury Subpoenas, 2015 U.S. App. LEXIS 17633 (2d Cir Oct. 6, 2015): Intervenor-appellant is an investment company (the "Company") whose president and owner (the "Owner") is the subject of an ongoing grand jury investigation into tax fraud. On June 5, 2015, the United States District Court for the Southern ...
In re Grand Jury Subpoenas, 2015 U.S. App. LEXIS 17633 (2d Cir Oct. 6, 2015): Intervenor-appellant is an investment company (the "Company") whose president and owner (the "Owner") is the subject of an ongoing grand jury investigation into tax fraud.…
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Error to Deny Amendment Because Plaintiff Stood on Complaint after Premotion Conference — Request to Amend in Brief Enough — Group Pleading OK for Common Law Fraud — Fraud Need Only Be As Plausible As Other Explanations—Corporate Scienter Defined

Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec. LLC, 797 F.3d 160 (2d Cir. 2015): This case, like so many others of late, concerns liability for investment losses. Specifically, it asks who, if anyone, ought to shoulder legal blame for losses suffered as part of the recent financial crisis. Plaintiffs-Appellants--whose names are ...
Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec. LLC, 797 F.3d 160 (2d Cir. 2015): This case, like so many others of late, concerns liability for investment losses. Specifically, it asks who, if anyone, ought to shoulder legal…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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