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

Is Willfulness Judged by an Objective or Subjective Standard? Circuit Split (Bankruptcy/Restatement-Focused; Important for Pending Spoliation Rule 37(e))

Margulies v. Hough (In re Margulies), 2014 U.S. Dist. LEXIS 125843 (S.D.N.Y. Sept. 9, 2014): On August 3, 2000, Joshua Margulies and Dennis Hough engaged in what has fairly been described as a slow-moving game of chicken on a Manhattan street. Margulies drove forward in his car at a slow rate of speed toward Hough, a ...
Margulies v. Hough (In re Margulies), 2014 U.S. Dist. LEXIS 125843 (S.D.N.Y. Sept. 9, 2014): On August 3, 2000, Joshua Margulies and Dennis Hough engaged in what has fairly been described as a slow-moving game of chicken on a Manhattan …
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Default Judgment — Can a Letter to the Court Constitute an Answer, Defense to Complaint or Appearance? — Circuit Split — Examples of Inadequate Letters Even Where Informality Permitted

United States v. Abdul Rahim, 2014 U.S. Dist. LEXIS 117621 (E.D. Va. July 25, 2014): On June 13, 2013, Plaintiff filed a Complaint against Defendant alleging willful concealment or misrepresentation of material fact to procure naturalization, and requesting revocation and cancellation of Defendant's naturalization. (Dkt. No. 1.) D ...
United States v. Abdul Rahim, 2014 U.S. Dist. LEXIS 117621 (E.D. Va. July 25, 2014): On June 13, 2013, Plaintiff filed a Complaint against Defendant alleging willful concealment or misrepresentation of material fact to procure naturalization, and requesting revocation and…
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Email and Audio File Evidence — Business Records, Business Duty and Double Hearsay

Guardian Ins. & Annuity Co., Inc. v. White, 2014 U.S. Dist. LEXIS 125920 (S.D. Ohio Sept. 9, 2014): This civil action is before the Court on Defendant Kathryn Bransom's motion in limine for findings that records maintained by Plaintiff are admissible as records of regularly conducted activity ("busin ...
Guardian Ins. & Annuity Co., Inc. v. White, 2014 U.S. Dist. LEXIS 125920 (S.D. Ohio Sept. 9, 2014): This civil action is before the Court on Defendant Kathryn Bransom's motion in limine for findings that records maintained by Plaintiff are …
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Internet Evidence — Anonymous Postings — Authentication Challenges

Harris v. Chipotle Mexican Grill, Inc., 2014 U.S. Dist. LEXIS 126776 (D. Minn. April 10, 2014): The above-captioned case comes before the undersigned on Plaintiffs Marcus Harris ("Harris"), Julius Caldwell ("Caldwell"), Demarkus Hobbs ("Hobbs"), and Dana Evenson's ("Evenson") (collectively, ...
Harris v. Chipotle Mexican Grill, Inc., 2014 U.S. Dist. LEXIS 126776 (D. Minn. April 10, 2014): The above-captioned case comes before the undersigned on Plaintiffs Marcus Harris ("Harris"), Julius Caldwell ("Caldwell"), Demarkus Hobbs ("Hobbs"), and Dana Evenson's ("Evenson") (collectively, "Plaintiffs")…
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eDiscovery Costs under §1920— Not Steps Essential to ESI Production, Only “Making Copies”— Not OCRing, Native Processing, Load Files, Buying Concordance, or Steps Necessary to TIFF Conversion — But Cost of Converting Native to TIFF OK

In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The plaintiffs in this case sued AT&T, Sprint, T-Mobile, and Verizon Wireless along with their industry association on behalf of all those who purchased text messages on a pay-per-use basis in the United States. Plaintiffs alleged that defen ...
In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The plaintiffs in this case sued AT&T, Sprint, T-Mobile, and Verizon Wireless along with their industry association on behalf of all those who purchased…
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Bankruptcy Court Has Jurisdiction to Award 16(f) Sanctions after Dismissing for Lack of Subject Matter Jurisdiction — 16(f) Sanctions Apt for Failure to Prepare for and Participate in Mediation in Good Faith—Abuse of Discretion Defined (6th Cir.)

Spradlin v. Richard, 2014 U.S. App. LEXIS 13756 (6th Cir. July 15, 2014): PEG argues that the bankruptcy court lacked jurisdiction to award sanctions against them for bad faith and lack of preparedness in the mediation. Their argument rests on the timing of various motions and rulings by the bankruptcy court. PEG moved to dismiss Spra ...
Spradlin v. Richard, 2014 U.S. App. LEXIS 13756 (6th Cir. July 15, 2014): PEG argues that the bankruptcy court lacked jurisdiction to award sanctions against them for bad faith and lack of preparedness in the mediation. Their argument rests on…
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Must Intervenors Who Inject New Claims into Case Have Standing Independent from the Original Plaintiff? Circuit Split

N.C. St. Conference, NAACP v. McRory, 2014 U.S. Dist. LEXIS 109626 (M.D.N.C. Aug. 8, 2014): Finally, Intervenors contend that they are "not require[d]" to "have standing independent from the original [P]laintiffs." (Id. at 9.) While that may be true as to claims that other Plaintiffs actually assert, here, no other ...
N.C. St. Conference, NAACP v. McRory, 2014 U.S. Dist. LEXIS 109626 (M.D.N.C. Aug. 8, 2014): Finally, Intervenors contend that they are "not require[d]" to "have standing independent from the original [P]laintiffs." (Id. at 9.) While that may be true as…
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Judicial Notice of Internet Evidence — Public Records as Reflected on Another Court’s Website or on Westlaw

Brooks v. Bergh, 2014 U.S. Dist. LEXIS 97059 (E.D. Mich. July 17, 2014): 1   Petitioner does not indicate in his pleadings that he ever appealed the denial of his post-conviction motion for relief from judgment to the Michigan appellate courts. Petitioner also did not provide this Court with a complete copy of the Berrien County Cir ...
Brooks v. Bergh, 2014 U.S. Dist. LEXIS 97059 (E.D. Mich. July 17, 2014): 1   Petitioner does not indicate in his pleadings that he ever appealed the denial of his post-conviction motion for relief from judgment to the Michigan appellate courts.…
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Rule 37 Sanctions — Directing Facts Be Taken As Established Doesn’t Require Willfulness or Bad Faith — Examples of Sufficient Circumstantial Evidence of Willful Discovery Failures

Coquina Investments v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): D. Post-trial discovery sanctions Multiple problems with TD Bank's discovery came to light during and after the trial. For example: 1) TD Bank's Federal Rule of Civil Procedure 30(b)(6) designee testified before trial that ...
Coquina Investments v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): D. Post-trial discovery sanctions Multiple problems with TD Bank's discovery came to light during and after the trial. For example: 1) TD Bank's Federal…
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Morrison’s Ban on Extraterritorial Application of Securities Laws Precludes Claims Arising out of Foreign-Issued Securities Cross-Listed on a U.S. Exchange

City of Pontiac Policemen’s & Firemen’s Retirement Sys. V. UBS AG, 752 F.3d 173 (2d Cir. 2014): In this appeal we consider, as a matter of first impression, whether the bar on extraterritorial application of the United States securities laws, as set forth in Morrison v. National Australia Bank Ltd. ...
City of Pontiac Policemen’s & Firemen’s Retirement Sys. V. UBS AG, 752 F.3d 173 (2d Cir. 2014): In this appeal we consider, as a matter of first impression, whether the bar on extraterritorial application of the United States securities…
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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

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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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