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

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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Facebook Authentication from Contents: Nonpublic Details of Life; References to Girlfriend and Brothers; Photo; Cell Number; Nickname; Structure & Style of Comments Match Texts — Out of Court Admission of Ownership

Moore v. State, 295 Ga. 709, 763 S.E.2d 670 (2014): Appellant Patrick Ramon Moore was convicted by a jury of murder and related offenses for the January 3, 2011 shootings of Erica Peterson, Fabian Ellis, and Jervod Jarvis, and shooting death of Tracy Burton. Appellant appeals the denial of his amended motion for new t ...
Moore v. State, 295 Ga. 709, 763 S.E.2d 670 (2014): Appellant Patrick Ramon Moore was convicted by a jury of murder and related offenses for the January 3, 2011 shootings of Erica Peterson, Fabian Ellis, and Jervod Jarvis, and shooting …
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Even If § 1927 Sanctions Are Barred for Filing Complaint, They Apply to Adversary Action, Part of a Larger Bankruptcy — 4-Factor 1927 Test — Suit Based on Adversary’s Error Quickly Corrected, Avoidable with Phone Call, Violates 1927

Prosser v. Gerber (In re Prosser), 2015 U.S. App. LEXIS 1180 (3d Cir. Jan. 26, 2015): James P. Carroll, trustee of debtor Jeffrey J. Prosser's bankruptcy estate, appeals the District Court's order vacating the Bankruptcy Court's imposition of 28 U.S.C. § 1927 sanctions. The Bankruptcy Court imposed sanctions becau ...
Prosser v. Gerber (In re Prosser), 2015 U.S. App. LEXIS 1180 (3d Cir. Jan. 26, 2015): James P. Carroll, trustee of debtor Jeffrey J. Prosser's bankruptcy estate, appeals the District Court's order vacating the Bankruptcy Court's imposition of 28 U.S.C. …
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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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