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

Email — Automatically-Generated Signature Block Satisfies UCC Statute of Frauds, Contractual Modification Provisions — Impact of Electric Signatures in Global Commerce Act (ESIGN Act)

Princeton Indus. Prods., Inc. v. Precision Metals Corp., 2015 U.S. Dist. LEXIS 107722 (N.D. Ill. Aug. 17, 2015): The parties in this case entered into a contract calling for plaintiff, Princeton Industrial Metals ("Princeton") to supply certain machined parts for the defendant, Precision Metals Corp. ("PMC") to use ...
Princeton Indus. Prods., Inc. v. Precision Metals Corp., 2015 U.S. Dist. LEXIS 107722 (N.D. Ill. Aug. 17, 2015): The parties in this case entered into a contract calling for plaintiff, Princeton Industrial Metals ("Princeton") to supply certain machined parts for…
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No Sanctions under Rule 11 Where Both Sides Contributed to Frivolous Filings or under Inherent Power Where Bad Faith Not Shown

Buckhorn v. Orbis Corp., 2015 U.S. App. LEXIS 11409 (Fed. Cir. July 2, 2015): Orbis Corporation and Orbis Material Handling, Inc. (collectively, "Orbis"), the defendant and prevailing party in a patent infringement suit, seeks attorney's fees against Buckhorn, Inc. ("Buckhorn"), one of the plaintiffs in the inf ...
Buckhorn v. Orbis Corp., 2015 U.S. App. LEXIS 11409 (Fed. Cir. July 2, 2015): Orbis Corporation and Orbis Material Handling, Inc. (collectively, "Orbis"), the defendant and prevailing party in a patent infringement suit, seeks attorney's fees against Buckhorn, Inc. ("Buckhorn"),…
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Attorney-Client Privilege — Advice Isn’t at Issue Merely Because It Is Relevant or May Affect a Client’s State of Mind — Opinion Work Product Enjoys a Nearly Absolute Immunity from Discovery (Good Quotes)

Smith v. Scottsdale Ins. Co., 2015 U.S. App. LEXIS 13290 (4th Cir. June 30, 2015): Levert Smith and Nelson Radford, as administrators of the Estate of Joseph Jermaine Porter (the "Estate"), appeal the district court's orders affirming the magistrate judge's denial in part of the Estate's motion to compel discover ...
Smith v. Scottsdale Ins. Co., 2015 U.S. App. LEXIS 13290 (4th Cir. June 30, 2015): Levert Smith and Nelson Radford, as administrators of the Estate of Joseph Jermaine Porter (the "Estate"), appeal the district court's orders affirming the magistrate judge's…
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Disqualification — Sixth Circuit Utilizes Hempstead Video’s Trial Taint Standard — Ethical Wall and Actual Meaning of “Of Counsel” Relationship on the Facts Preclude Finding of Conflict (Criminal Case; Consitutional Implications)

United States v. Kilpatrick, 2015 U.S. App. LEXIS 14289 (6th Cir. Aug. 14, 2015): Codefendants Kwame Kilpatrick, former mayor of Detroit, and Bobby Ferguson, a Detroit contractor, challenge their jury convictions for bribery, extortion, mail and wire fraud, RICO conspiracy, and tax evasion. The issues are whether: (1) Kilpatri ...
United States v. Kilpatrick, 2015 U.S. App. LEXIS 14289 (6th Cir. Aug. 14, 2015): Codefendants Kwame Kilpatrick, former mayor of Detroit, and Bobby Ferguson, a Detroit contractor, challenge their jury convictions for bribery, extortion, mail and wire fraud, RICO conspiracy,…
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Sanctions — Interaction of Inherent Power & Rule 15 — Denial of Timely Motion to Amend Complaint May Be an Appropriate Exercise of Inherent Power

Cole v Rich, 2015 U.S. App. LEXIS 14265 (11th Cir. Aug. 1, 2015): Plaintiff Joseph Johnson Cole, proceeding in forma pauperis and through appointed counsel, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court sua sponte dismissed Cole's complaint with prejudice as frivolous, pursuant to 28 U.S.C. § 1915(e ...
Cole v Rich, 2015 U.S. App. LEXIS 14265 (11th Cir. Aug. 1, 2015): Plaintiff Joseph Johnson Cole, proceeding in forma pauperis and through appointed counsel, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court sua sponte…
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Rule 11 Sanctions OK for Advocating in Fed. Court Frivolous State Court Complaint — Res Judicata Bar — Rule 38 Inapt for Discretionary Sanctions Review — Frivolous as Argued vs. Frivolous as Filed Appeals

Meyer v. U.S. Bank N.A., 2015 U.S. App. LEXIS 11595 (8th Cir. July 6, 2015): In June 2003, David and Nancy Meyer signed a revolving credit note and revolving credit agreement and later signed a series of term notes and term loan agreements to obtain loans from U.S. Bank to finance their swine production business. In October 2006, the ...
Meyer v. U.S. Bank N.A., 2015 U.S. App. LEXIS 11595 (8th Cir. July 6, 2015): In June 2003, David and Nancy Meyer signed a revolving credit note and revolving credit agreement and later signed a series of term notes and…
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RICO — Extraterritoriality of RICO Aside, No Hobbs Act or Money Laundering Predicates If Misconduct Abroad — Political Question Doctrine Doesn’t Bar Adjudicating Acts of Foreign Sovereign Subject to U.S. Territorial Jurisdiction

Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015): Two Kazakh businessmen claim that the daughter of the President of Kazakhstan extorted hundreds of millions of dollars' worth of their business assets in Kazakhstan. She did so, they claim, with the help of the defendants in this case, Alexander Mirtchev an ...
Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015): Two Kazakh businessmen claim that the daughter of the President of Kazakhstan extorted hundreds of millions of dollars' worth of their business assets in Kazakhstan. She did…
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Appellate Sanctions — FRAP 38: Result Obvious, No Arguable Merit or Shred of Evidence — No Bad Faith Cuts Against Sanctions — §1927: Bad Faith = Recklessly Frivolous Arg. or Meritorious Arg. to Harass or Breach Duty of Candor to Court

Blixseth v. Yellowstone Mountain Club, LLC, 2015 U.S. App. LEXIS 13559 (9th Cir. Aug. 4, 2015): In a recusal motion, Timothy Blixseth and his attorneys hurled [*3]  nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth. In a forty-seven page opinion, the judge found the accusations to be meri ...
Blixseth v. Yellowstone Mountain Club, LLC, 2015 U.S. App. LEXIS 13559 (9th Cir. Aug. 4, 2015): In a recusal motion, Timothy Blixseth and his attorneys hurled [*3]  nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth. …
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Email Authentication — Testimony from (i) Recipient That Deceased Sent Message and (ii) Third Party That He Discussed Substance with Decedent Suffices — No Hearsay Problem when Offered for Effect on the Listener

Meyer v. Callery Conway Mars HV, Inc., 2015 U.S. Dist. LEXIS 937 (W.D. Pa. Jan. 5, 2015): This case centers on allegations that John Meyer was unlawfully discharged by his employer because of his age. The Defendant employer says that Meyer was lawfully fired because he directed the repair of a machine in a way that could have ...
Meyer v. Callery Conway Mars HV, Inc., 2015 U.S. Dist. LEXIS 937 (W.D. Pa. Jan. 5, 2015): This case centers on allegations that John Meyer was unlawfully discharged by his employer because of his age. The Defendant employer says that …
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YouTube Video Offered to Prove Gang Membership Authenticated by Police Gang Expert’s Identification of Defendant’s Use of Gang Signs, Colors & Vocabulary, Tentative Identification of Gang Location, and Contents of Defendant’s Interview

People v. Andrews, 2015 Cal. App. Unpub. LEXIS 3795 (Cal. Ct. App. May 28, 2015): Appellant Michael Andrews was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187, subdivision (a), one count of premeditated attempted murder in violation of Penal Code sections 187 and 664 and o ...
People v. Andrews, 2015 Cal. App. Unpub. LEXIS 3795 (Cal. Ct. App. May 28, 2015): Appellant Michael Andrews was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187, subdivision (a),…
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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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