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 Authentication — Alabama Adopts Circumstantial Evidence Approach of Texas, Delaware, Idaho, Kansas, Mississippi, Indiana

Culp v. State, 2014 Ala. Crim. App. LEXIS 102 (Ala. Crim. App. Nov. 21, 2014): Robert N. Culp, Jr., appeals his conviction for domestic violence in the second degree, a violation of § 13A-6-131, Ala. Code 1975, and his resulting sentence of five years' imprisonment. The circuit court suspended the term of imprisonment and placed Culp on proba ...
Culp v. State, 2014 Ala. Crim. App. LEXIS 102 (Ala. Crim. App. Nov. 21, 2014): Robert N. Culp, Jr., appeals his conviction for domestic violence in the second degree, a violation of § 13A-6-131, Ala. Code 1975, and his resulting…
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Pleading Loss Causation — Does Fed. R. Civ. P. 8(a) or 9(b) Apply? Circuit Split

In re Fairway Grp. Holding Corp. Secs. Litig., 2015 U.S. Dist. LEXIS 5999 (S.D.N.Y. Jan. 20, 2015): Loss causation is an essential element of a Section 10(b) and Rule 10b-5 claim, but the pleading requirement is not meant to impose a great burden on plaintiffs. See Dura Pharm., Inc. v. Broudo, 5 ...
In re Fairway Grp. Holding Corp. Secs. Litig., 2015 U.S. Dist. LEXIS 5999 (S.D.N.Y. Jan. 20, 2015): Loss causation is an essential element of a Section 10(b) and Rule 10b-5 claim, but the pleading requirement is not meant to impose …
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Deposition Sanctions — Rules 30(c), (d) — Goal: Stop Winning Thru Obstruction — Conduct Banned at Trial Banned at Dep (Good Quotes) — Both Asking for Apology, Demanding Yes or No Unprofessional — Sanctions: CLE, Show Client Sanctions Order

Tajonera v. Black Elk Energy Offshore Operations, LLC, 2015 U.S. Dist. LEXIS 26025 (E.D. La. Mar. 3, 2015): Before the Court is Black Elk's Motion for Protective Orders or Alternatively, an Order Establishing Deposition Limitations. (Rec. doc. 583). The motion seeks certain protections concerning the length and scope of questionin ...
Tajonera v. Black Elk Energy Offshore Operations, LLC, 2015 U.S. Dist. LEXIS 26025 (E.D. La. Mar. 3, 2015): Before the Court is Black Elk's Motion for Protective Orders or Alternatively, an Order Establishing Deposition Limitations. (Rec. doc. 583). The motion…
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Rule 68 Offer of Judgment Moots Action Only If It Is Unequivocal and Unconditional in Offering Complete Relief to the Plaintiff

Fariasantos v. Rosenberg & Assocs., LLC, 2015 U.S. Dist. LEXIS 24179 (E.D. Va. Feb. 27, 2015): This case arises from debt-collection letters sent by Defendant Rosenberg & Associates, LLC ("R&A") that include disclosures in alleged violation of the Fair Debt Collections Practices Act (the "FDCPA"). Plaintiff Claud ...
Fariasantos v. Rosenberg & Assocs., LLC, 2015 U.S. Dist. LEXIS 24179 (E.D. Va. Feb. 27, 2015): This case arises from debt-collection letters sent by Defendant Rosenberg & Associates, LLC ("R&A") that include disclosures in alleged violation of the Fair Debt…
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Section 1927 Sanctions Do Not Require Bad Faith in Sixth Circuit — Sufficient If Lawyer Knows or Should Know That Claim Is Frivolous or That Litigation Tactics Will Needlessly Obstruct the Litigation of Nonfrivolous Claims

JPMorgan Chase Bank, N.A. v. Winget, 2015 U.S. App. LEXIS 2620 (6th Cir. Feb. 20, 2015): [A] court may sanction an attorney under § 1927 for unreasonably and vexatiously multiplying the proceedings even in the absence of any "conscious impropriety." Rentz v. Dynasty Apparel Indus., Inc., 556 F.3d 3 ...
JPMorgan Chase Bank, N.A. v. Winget, 2015 U.S. App. LEXIS 2620 (6th Cir. Feb. 20, 2015): [A] court may sanction an attorney under § 1927 for unreasonably and vexatiously multiplying the proceedings even in the absence of any "conscious impropriety."…
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Emails and Texts Authenticated by Testimony from Recipient That She Recognized Email Address and Phone Number As That of Sender and That Messages Contained Information Only the Two of Them Knew

Harsley v. State, 2015 Ind. App. Unpub. LEXIS 169 (Ind. Ct. App. Feb. 18, 2015): [1] Following a bench trial, Mark B. Harsley II was found guilty of three counts of invasion of privacy, all Class A misdemeanors. He appeals his convictions, raising one issue for our review: whether the State provided sufficient evide ...
Harsley v. State, 2015 Ind. App. Unpub. LEXIS 169 (Ind. Ct. App. Feb. 18, 2015): [1] Following a bench trial, Mark B. Harsley II was found guilty of three counts of invasion of privacy, all Class A misdemeanors. He…
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Erie Doctrine: Where State Supreme Court Has Not Spoken, Federal Courts Are Bound by Decisions of State Intermediate Appellate Courts Absent Persuasive Evidence That Supreme Court Would Disagree

Burgess v. Religious Tech. Ctr., Inc., 2015 U.S. App. LEXIS 1162 (11th Cir. Jan. 26, 2015):   To determine whether the district court had personal jurisdiction over RTC, we consider two issues: (1) whether personal jurisdiction exists under the Georgia Long-Arm [*4]  Statute, and (2) if so, whether the exercise of t ...
Burgess v. Religious Tech. Ctr., Inc., 2015 U.S. App. LEXIS 1162 (11th Cir. Jan. 26, 2015):   To determine whether the district court had personal jurisdiction over RTC, we consider two issues: (1) whether personal jurisdiction exists under the Georgia Long-Arm…
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RICO — Nondisclosure Can Support a Mail or Wire Fraud Predicate Only If There Exists an Independent Duty to Disclose That Has Been Breached — Court May Deny Costs under Rule 54(d) to Prevailing Party But Must Explain Denial

Eller v. EquiTrust Life Ins. Co., 2015 U.S. App. LEXIS 2717 (9th Cir. Feb. 24, 2015): A RICO claim requires "racketeering activity (known as predicate acts)." Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361 (9th Cir. 2005) (quoting Grimmett v. Brown, 75 F.3d 506, 510 (9th Cir. 1996)) ...
Eller v. EquiTrust Life Ins. Co., 2015 U.S. App. LEXIS 2717 (9th Cir. Feb. 24, 2015): A RICO claim requires "racketeering activity (known as predicate acts)." Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361…
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Pro Hac Vice Admission Fees Are Not Taxable by a Prevailing Party under 28 U.S.C. § 1920 — Circuit Split —Issue: Must an Opponent Underwrite a Decision to Be Represented by Unadmitted Counsel?

PPL Energy Plus, LLC v. Clerk’s Robt. M. Hanna, 2014 U.S. Dist. LEXIS 178285 (D.N.J. Dec. 30, 2014): Pro Hac Vice Admission Fees Plaintiffs seek the $1,200 cost of the admission pro hac vice of eight attorneys at the rate of $150 per attorney [Dkt. Entry 324-5, Ex. B], relying upon the case ...
PPL Energy Plus, LLC v. Clerk’s Robt. M. Hanna, 2014 U.S. Dist. LEXIS 178285 (D.N.J. Dec. 30, 2014): Pro Hac Vice Admission Fees Plaintiffs seek the $1,200 cost of the admission pro hac vice of eight attorneys at the rate…
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Rule 68 Offer of Judgment — Time to Respond Not Extended to End of Discovery Despite Uncertainty as to Facts — Delay Apt Only If No Costs to Be Incurred — Offer for All Statutory Damages ≠ Complete Relief If Actual Damages Also Sought

Wallert v. Atlan, 2015 U.S. Dist. LEXIS 13958 (S.D.N.Y. Feb. 5, 2015) (Engelmayer, J.): In this copyright infringement action, the Court has received several letters regarding a Rule 68 Offer of Judgment (the "offer") served on plaintiff Charles Wallert by defendant Universal Music Publishing (" ...
Wallert v. Atlan, 2015 U.S. Dist. LEXIS 13958 (S.D.N.Y. Feb. 5, 2015) (Engelmayer, J.): In this copyright infringement action, the Court has received several letters regarding a Rule 68 Offer of Judgment (the "offer") served on plaintiff Charles Wallert by…
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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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