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

RICO — Continuity — Duration of >1 Year in 7th Circuit — Number of Mailings May Be No Indication of Continuity of Underlying Fraudulent Activity — Only Predicates Count Toward, and Cover-Up Acts Don’t Extend, Duration (Good Quotes)

Goldring v. Regas, 2015 U.S. Dist. LEXIS 35552 (N.D. Ill. Mar. 20, 2015): Generally, the predicate acts underlying a "one-shot scheme" must occur over the course of more than a year in order to form a pattern. Midwest Grinding, 976 F.2d at 1024 (collecting cases where periods of "several months ...
Goldring v. Regas, 2015 U.S. Dist. LEXIS 35552 (N.D. Ill. Mar. 20, 2015): Generally, the predicate acts underlying a "one-shot scheme" must occur over the course of more than a year in order to form a pattern. Midwest Grinding,…
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Email Authentication — Custodian of Records from Email Service That Emails Were Sent or Received from 3 Addresses (803(6)) + Testimony from Recipients That They Received Them + Name of Sender as Reflected on Emails

United States v. Gal, 2015 U.S. App. LEXIS 4999 (9th Cir. Mar. 27, 2015): Carpenter argues that an affidavit filed by Yahoo! Inc.'s custodian of records under Rule 902(11) of the Federal Rules of Evidence supplied insufficient foundation to admit a number of emails as evidence that Carpenter sent the emails to investors. H ...
United States v. Gal, 2015 U.S. App. LEXIS 4999 (9th Cir. Mar. 27, 2015): Carpenter argues that an affidavit filed by Yahoo! Inc.'s custodian of records under Rule 902(11) of the Federal Rules of Evidence supplied insufficient foundation to admit …
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Judicial Notice of Internet Evidence — Private Business Website’s Discussion of Methods of Payment Accepted

Frankfort GGNSC Frankfort, LLC v. Tracy, 2015 U.S. Dist. LEXIS 41466 (E.D. Ky. Mar. 31, 2015): Doris Christopher, a former resident of the Golden Living Center facility in Frankfort, Kentucky, signed an arbitration agreement prior to moving into the facility. Sadly, Defendants allege that Ms. Christopher suffered physical and emotiona ...
Frankfort GGNSC Frankfort, LLC v. Tracy, 2015 U.S. Dist. LEXIS 41466 (E.D. Ky. Mar. 31, 2015): Doris Christopher, a former resident of the Golden Living Center facility in Frankfort, Kentucky, signed an arbitration agreement prior to moving into the facility.…
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§ 1927 Sanctions Awardable for Objectively Unreasonable Conduct Manifesting a Reckless Disregard of Counsel’s Duties to the Court (10th Circuit)

Biax Corp. v. Nvidia Corp., 2015 U.S. App. LEXIS 3082 (Fed. Cir. Feb. 24, 2015): In addition to asking for fees under 35 U.S.C. § 285, the defendants also asked for fees from Dorsey under 28 U.S.C. § 1927. Section 1927 provides: Any attorney or other person admitted to conduct cases in any court of ...
Biax Corp. v. Nvidia Corp., 2015 U.S. App. LEXIS 3082 (Fed. Cir. Feb. 24, 2015): In addition to asking for fees under 35 U.S.C. § 285, the defendants also asked for fees from Dorsey under 28 U.S.C. § 1927. Section…
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2010 Expert Witness Amendments — Communications between Testifying Expert & Party Representative Unprotected — Suggestion That Communications with Consulting Expert Subject to “Exceptional Circumstances” Standard Despite Circuit Decisions

Whole Women’s Health v. Lakey, 301 F.R.D. 266 (W.D. Tex 2014): Before the Court are Plaintiffs' Motion to Compel Disclosure of Written Communications between Vincent Rue and Defendants' Experts [**3]  (Dkt. No. 115); State Defendants' Response in Opposition (Dkt. No. 124); and Plaintiffs' Reply (Dkt ...
Whole Women’s Health v. Lakey, 301 F.R.D. 266 (W.D. Tex 2014): Before the Court are Plaintiffs' Motion to Compel Disclosure of Written Communications between Vincent Rue and Defendants' Experts [**3]  (Dkt. No. 115); State Defendants' Response in Opposition (Dkt. No.…
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Sanctions — Deposition Misconduct — Recidivism as Evidence of Willfulness, Requiring Harsher Sanction — Insults, Directing Witness How to Answer Improper — Zealous Advocacy No Defense (Good Quotes)

Howard v. Offshore Liftboats, LLC, 2015 U.S. Dist. LEXIS 26629 (E.D. La. Mar. 4, 2015): Before me is a Motion for Costs and Sanctions brought against Defendant, Offshore Liftboats, LLC ("OLB") by Plaintiff, Calvin Howard. (Rec. doc. 178). OLB has filed an Opposition to that Motion (rec. doc. 184) and, on February 25, 2105, I ...
Howard v. Offshore Liftboats, LLC, 2015 U.S. Dist. LEXIS 26629 (E.D. La. Mar. 4, 2015): Before me is a Motion for Costs and Sanctions brought against Defendant, Offshore Liftboats, LLC ("OLB") by Plaintiff, Calvin Howard. (Rec. doc. 178). OLB has…
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Website and Email Authentication — Direct, Circumstantial and Forensic Authentication Techniques

O’Connor v. Newport Hosp., 2015 R.I. LEXIS 35 (R.I. Sup. Ct. Mar. 17, 2015): a. Web Pages Exhibits A and B consist of printouts of web pages purportedly printed from the ABEM website. One commentary on Rule 901 of the Federal Rules of Evidence, which essentially mirrors Rule 901 of the Rhode Island Rules of E ...
O’Connor v. Newport Hosp., 2015 R.I. LEXIS 35 (R.I. Sup. Ct. Mar. 17, 2015): a. Web Pages Exhibits A and B consist of printouts of web pages purportedly printed from the ABEM website. One commentary on Rule 901 of the…
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2010 Expert Witness Amendments — Expert Communications with Non-Lawyer Client Employees and Agents ≠ Work Product — Sharing of Drafts with Client, Its Auditor ≠ Waiver — Documents Created by Non-Lawyers Privileged If Contain Advice of Counsel

United States v. Veolia Env’t N. Am. Operations, Inc., 2014 U.S. Dist. LEXIS 154717 (D. Del. Oct. 31, 2014): Pending before the Court is Petitioner United States of America's Motion to Enforce Internal Revenue Service ("IRS") Summonses against Veolia Environment North America Operations, Inc. ("Taxpayer"). (D ...
United States v. Veolia Env’t N. Am. Operations, Inc., 2014 U.S. Dist. LEXIS 154717 (D. Del. Oct. 31, 2014): Pending before the Court is Petitioner United States of America's Motion to Enforce Internal Revenue Service ("IRS") Summonses against Veolia Environment…
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Date & Time Stamp on Voicemail, Like Header on Fax, ≠ Hearsay — Nor Is Voicemail Offered for Fact Statements Were Made — No Best Evidence Bar Where Provider Deleted Original — Witness Testimony OK; Maybe Copy, Too

Walker v. Asset Acceptance LLC, 2012 U.S. Dist. LEXIS 95128 (D.N.J. July 10, 2012): a. The Voicemail Message and Plaintiff's Testimony Are Not Hearsay "Hearsay" means a statement that (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in eviden ...
Walker v. Asset Acceptance LLC, 2012 U.S. Dist. LEXIS 95128 (D.N.J. July 10, 2012): a. The Voicemail Message and Plaintiff's Testimony Are Not Hearsay "Hearsay" means a statement that (1) the declarant does not make while testifying at the current…
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RICO — Operation and Management — Need to Show Degree of Cooperation Beyond Bounds of Normal Commercial Relationships — Test for Lower Level Participants: Fungible or Essential Role — Acting in Individual vs. Enterprise’s Interest

Nesbitt v. Regas, 2015 U.S. Dist. LEXIS 35552 (N.D. Ill. Mar. 20, 2015): Plaintiff Diane Goldring Nesbitt ("Goldring") brings this action against eleven defendants, alleging that each played a role in a fraudulent scheme that resulted in substantial losses to Goldring. She asserts violations [*2]  of the Ra ...
Nesbitt v. Regas, 2015 U.S. Dist. LEXIS 35552 (N.D. Ill. Mar. 20, 2015): Plaintiff Diane Goldring Nesbitt ("Goldring") brings this action against eleven defendants, alleging that each played a role in a fraudulent scheme that resulted in substantial losses to…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Archives
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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