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 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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Rule 11 — Factors in Deciding Whether to Sanction — Improper Purpose: Indicia, Incompetence Defense — Client Given 1 Free Pass for Frivolous Legal Argument, On Notice in Future

Jiangmen Kinwai Furniture Decoration Co. Ltd. v IHFC Properties, LLC, 2015 U.S. Dist. LEXIS 138998 (M.D.N.C. Oct. 13, 2015): This matter arose when a lawyer had something that might have become, with some thought, a decent idea, executed it badly and unsuccessfully, and responded to her own failure by submitting a terrible bri ...
Jiangmen Kinwai Furniture Decoration Co. Ltd. v IHFC Properties, LLC, 2015 U.S. Dist. LEXIS 138998 (M.D.N.C. Oct. 13, 2015): This matter arose when a lawyer had something that might have become, with some thought, a decent idea, executed it badly …
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A Motion for Reconsideration Is Not a Vehicle for Relitigating Old Issues, Presenting New Theories, Securing a Rehearing on the Merits or Otherwise Taking a Second Bite of the Apple — Good Quote

In re Adelphia Commc’ns Corp. Secs. & Deriv. Litig., 2015 U.S. Dist. LEXIS 6823 (S.D.N.Y. Jan. 21, 2015): [A] motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits or otherwise taking a second bite at the apple."
In re Adelphia Commc’ns Corp. Secs. & Deriv. Litig., 2015 U.S. Dist. LEXIS 6823 (S.D.N.Y. Jan. 21, 2015): [A] motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on …
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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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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