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

Sales of Securities of U.S. Issuers by U.S. Market Makers = Domestic Transactions under Morrison — Point of Irrevocable Liability Is Key — OTCBB, Pink Sheets ≠ National Exchanges — Wire Fraud Statute Applies Extraterriorially

United States v. Georgiou, 2015 U.S. App. LEXIS 832 (3d Cir. Jan. 20, 2015): A federal jury convicted Appellant George Georgiou ("Appellant" or "Georgiou") of conspiracy, securities fraud, and wire fraud for his participation in planned manipulation of the markets of four publicly traded stocks, resulting in more t ...
United States v. Georgiou, 2015 U.S. App. LEXIS 832 (3d Cir. Jan. 20, 2015): A federal jury convicted Appellant George Georgiou ("Appellant" or "Georgiou") of conspiracy, securities fraud, and wire fraud for his participation in planned manipulation of the markets…
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Daubert — No Hearing Necessary Where Court Has Available Testimony from Same Witness on Nearly Identical Issue from Another Proceeding — No Need to Renew Objection at Trial If Court Issues Definitive Ruling on In Limine Motion

United States v. Rodriguez, 2015 U.S. App. LEXIS 840 (11th Cir. Jan. 21, 2015): We have previously held that the overruling of a motion in limine does not preserve an evidentiary issue for appeal. United States v. Rutkowski, 814 F.2d 594, 598 (11th Cir. 1987) (per curiam). Rather, an objection at trial is req ...
United States v. Rodriguez, 2015 U.S. App. LEXIS 840 (11th Cir. Jan. 21, 2015): We have previously held that the overruling of a motion in limine does not preserve an evidentiary issue for appeal. United States v. Rutkowski, 814 F.2d…
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Appeals: To What Extent Is Fed. R. Civ. P. 60(b)(6) Available As a Means of Providing Relief to Someone Who Missed the Appellate Deadlines in Rules 4(a)(1) and 4(a)(5) — I.e., As an End Around Bowles? Circuit Split

Tanner v. Yukins, 2015 U.S. App. LEXIS 837 (6th Cir. Jan. 20, 2015): The Federal Rules of Appellate Procedure establish the deadlines that govern filings in this court. See Fed R. App. P. 1(a)(1). When a party is properly notified of a judgment, Rule 4(a)(1)(A) provides the party with 30 days to appe ...
Tanner v. Yukins, 2015 U.S. App. LEXIS 837 (6th Cir. Jan. 20, 2015): The Federal Rules of Appellate Procedure establish the deadlines that govern filings in this court. See Fed R. App. P. 1(a)(1). When a party is properly notified …
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Even If Court Generally Must Dismiss, Not Stay, an Action upon Compelling Arbitration (There Is a Circuit Split on the Dismiss-vs.-Stay Question), When Arbitration Is Compelled to Determine Arbitrability, Then Only a Stay Is Apt

Mercadante v. XE Servs., LLC, 2015 U.S. Dist. LEXIS 4686 (D.D.C. Jan. 15, 2015): The Court need not resolve the question of whether the Court would dismiss the case if it were compelling arbitration on all of the substantive claims in this action. Compare White v. Four Seasons Hotels & Resorts, 999 F. Supp. 2d 250, 261-62 (D.D.C. ...
Mercadante v. XE Servs., LLC, 2015 U.S. Dist. LEXIS 4686 (D.D.C. Jan. 15, 2015): The Court need not resolve the question of whether the Court would dismiss the case if it were compelling arbitration on all of the substantive claims…
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On Rule 60(b)(4) Motion to Vacate Default Judgment for Improper Service, Who Bears Burden of Proving/Disproving Effective Service? Circuit Split

Myers v. Moore, 2014 U.S. Dist. LEXIS 176409  (E.D. Pa. Dec. 22, 2014): III.  RULE 60(b)(4) Defendants Moore and Fisher argue that the default judgments entered against them should be vacated pursuant to Federal Rule of Civil Procedure Rule 60(b)(4) because they were not prop ...
Myers v. Moore, 2014 U.S. Dist. LEXIS 176409  (E.D. Pa. Dec. 22, 2014): III.  RULE 60(b)(4) Defendants Moore and Fisher argue that the default judgments entered against them should be vacated pursuant to Federal Rule of Civil Procedure Rule 60(b)(4) …
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Texts Insufficiently Authenticated by Proof Cell Was Found in Common Area of Apartment Defendant Temporarily Lived in and Texts Contained His First Name — Circumstantial Evidence Inadequate to Permit Jury to Link Cell to Him

People v. Watkins, 2015 Ill. App. LEXIS 35 (Ill. Ct. App. Jan. 21, 2015):    [*P1]  After a jury trial, defendant, Charles Watkins, was convicted of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2012)) and was sentenced to eight years in prison.
People v. Watkins, 2015 Ill. App. LEXIS 35 (Ill. Ct. App. Jan. 21, 2015):    [*P1]  After a jury trial, defendant, Charles Watkins, was convicted of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2012)) …
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Sham Affidavit Rule — Remedy: Strike Only Those Portions of Affidavit That Contradict Prior Deposition Testimony

Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 806 (1999); ...
Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland…
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Sanctions: Spoliation Motion = Nondispositive Pretrial Matter Properly before Magistrate Judge for Decision — Failure to Appeal Decision to District Court Bars Further Review

McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd(a), by the hospital's ...
McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment…
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Experts — Compelling Testimony from Unretained Experts — Five Factors

In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or testify at a deposition is within the sound disc ...
In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or …
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Breadth of Court’s Discretion in Deciding Whether to Adjourn Trial until Party Can Make Personal Appearance — Both Arbitrariness and Prejudice Must Be Shown to Reverse

Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the trial judge." Payne v. Jones, 711 F.3d 85, 90-91 (2d Cir. 2013) (internal quot ...
Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the …
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Recent Posts

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

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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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