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

Hearsay Exemption of Rule 801(d)(2)(A) (An Opposing Party’s Statement) Requires Only That Statement Be Offered against a Party Opponent — Rule 804(b)(3) (Statement Against Interest) Distinguished

Matter of Romanowski, 2014 Mich. App. LEXIS 763 (Mich. Ct. App. April 22, 2014): In these consolidated appeals, respondents, the adoptive parents of the involved minor child, appeal as of right from a circuit court dispositional order placing the child in the temporary custody of the court with petitioner, the Department of Human Serv ...
Matter of Romanowski, 2014 Mich. App. LEXIS 763 (Mich. Ct. App. April 22, 2014): In these consolidated appeals, respondents, the adoptive parents of the involved minor child, appeal as of right from a circuit court dispositional order placing the child…
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Supreme Court — Attorney’s Fees under 35 U.S.C. § 285 Reviewed for Abuse of Discretion, Like Rule 11 Sanctions

Highmark Inc. v. Allcare Health Mgmt., 2014 U.S. LEXIS 3106 (U.S. April 29, 2014) (reversing the decision excerpted in our post of December 16, 2012): Section 285 of the Patent Act provides: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." 35 U. S. C. §285. In Brooks ...
Highmark Inc. v. Allcare Health Mgmt., 2014 U.S. LEXIS 3106 (U.S. April 29, 2014) (reversing the decision excerpted in our post of December 16, 2012): Section 285 of the Patent Act provides: "The court in exceptional cases may award reasonable…
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Judicial Notice of Internet Evidence — Time Zones and Coordinated Universal Time from National Weather Service Website and Non-Governmental Site www.timeanddate.com

United States v. Diaz, 2014 U.S. Dist. LEXIS 56572 (D. Nev. April 23, 2014): B. The Government's Motion for Judicial Notice of Time Zones [Doc. 146] The Government moves under Federal Rule of Evidence 201 for judicial notice of Coordinated Universal Time ("UTC"), as it relates to Pacific ...
United States v. Diaz, 2014 U.S. Dist. LEXIS 56572 (D. Nev. April 23, 2014): B. The Government's Motion for Judicial Notice of Time Zones [Doc. 146] The Government moves under Federal Rule of Evidence 201 for judicial notice of Coordinated…
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Rule 11 — Unsupportable Individual Allegations in Pleading Are Sanctionable Despite Presence of Other, Supported Allegations

Heller v. Cepia LLC, 2014 U.S. App. LEXIS 4064 (9th Cir. Mar. 4, 2014): The district court did not abuse its discretion in concluding that individual factual misrepresentations in a pleading can be sanctionable under Rule 11. Rule 11 requires an attorney to certify that factual allegations in a pleading have evidentia ...
Heller v. Cepia LLC, 2014 U.S. App. LEXIS 4064 (9th Cir. Mar. 4, 2014): The district court did not abuse its discretion in concluding that individual factual misrepresentations in a pleading can be sanctionable under Rule 11. Rule 11…
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RICO — RICO Remedies Don’t Include Setting Aside Prior Judgment or Undermining Its Preclusive Effect — Loss of Claims Due to Fraud on the Court = RICO Injury — Elements of Fraud on Court and Issue Preclusion

Knight v. Phoenix Central, Inc., 2014 U.S. App. LEXIS 7508 (10th Cir. April 22, 2014): Judy Knight appeals from the dismissal of her lawsuit on the grounds of untimeliness, failure to state a claim, and claim preclusion (res judicata). We affirm the judgment below. Most of our reasons for affirmance are routine. But this appea ...
Knight v. Phoenix Central, Inc., 2014 U.S. App. LEXIS 7508 (10th Cir. April 22, 2014): Judy Knight appeals from the dismissal of her lawsuit on the grounds of untimeliness, failure to state a claim, and claim preclusion (res judicata). We…
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Supreme Court—Sanctions—§285 Looks to Totality of Circumstances—A Case “Stands Out” If Weak or Unreasonably Litigated—Some Factors: Frivolousness, Motivation, Need to Compensate, Deter—Objective Baselessness or Bad Faith May Be Enough

Octane Fitness, LLC v. ICON Health & Fitness, Inc., 2014 U.S. LEXIS 3107 (U.S. April 29, 2014): Section 285 of the Patent Act authorizes a district court to award attorney's fees in patent litigation. It provides, in its entirety, that "[t]he court in exceptional cases may award reasonable attorney  [*5] fees to the prevaili ...
Octane Fitness, LLC v. ICON Health & Fitness, Inc., 2014 U.S. LEXIS 3107 (U.S. April 29, 2014): Section 285 of the Patent Act authorizes a district court to award attorney's fees in patent litigation. It provides, in its entirety, that…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Online State Court Records and Its Own Records in Other Cases

Beltran v. Brazelton, 2014 U.S. Dist. LEXIS 53243 (C.D. Cal. April 15, 2014): 1   The Court takes judicial notice of Internet records relating to this action in the state appellate courts (available at http://appellatecases.courtinfo.ca.gov) ("state court records"). See Smith ...
Beltran v. Brazelton, 2014 U.S. Dist. LEXIS 53243 (C.D. Cal. April 15, 2014): 1   The Court takes judicial notice of Internet records relating to this action in the state appellate courts (available at http://appellatecases.courtinfo.ca.gov) ("state court records"). See Smith v.…
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Disqualification — Lawyer as Unsworn Witness, Overtly Relying on Firsthand Knowledge of Events at Trial, Is Subject to Disqualification

United States v. White, 545 Fed. App’x 69 (2d Cir. 2013): Under certain circumstances, an attorney who has "first-hand knowledge of the events presented at trial" may impermissibly act as an unsworn witness. United States v. Locascio, 6 F.3d 924, 933 (2d Cir. 1993); see also Ciak v. United Sta ...
United States v. White, 545 Fed. App’x 69 (2d Cir. 2013): Under certain circumstances, an attorney who has "first-hand knowledge of the events presented at trial" may impermissibly act as an unsworn witness. United States v. Locascio, 6 F.3d…
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Wayback Machine — Testimony of Witness with Knowledge of How Internet Archive Works Required for Authentication — Testimony from Creators of Sites as to How They Looked Years Earlier Inadequate to Authenticate Archived Pages

Specht v. Google, Inc., 2014 U.S. App. LEXIS 6318 (7th Cir. April 4, 2014) (affirming the decision excerpted in our blog post of June 25, 2011): During the dot-com boom of the 1990s, Erich Specht founded Android Data Corporation, and registered the "Android Data" trademark. The company ceased principal operations in 2002, bu ...
Specht v. Google, Inc., 2014 U.S. App. LEXIS 6318 (7th Cir. April 4, 2014) (affirming the decision excerpted in our blog post of June 25, 2011): During the dot-com boom of the 1990s, Erich Specht founded Android Data Corporation, and…
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RICO Extraterritoriality — RICO Applies Extraterritorially If and Only If Relevant RICO Predicate Applies Extraterritorially — Mere Reference to “Foreign Commerce” Insufficient

European Community v. RJR Nabisco, Inc., 2014 U.S. App. LEXIS 7593 (2d Cir. April 23, 2014): This is the latest installment in litigation brought by the European Community and twenty-six of its member states (collectively "Plaintiffs") against RJR Nabisco, Inc., and related entities (collectively "RJR"). Plaintiffs ...
European Community v. RJR Nabisco, Inc., 2014 U.S. App. LEXIS 7593 (2d Cir. April 23, 2014): This is the latest installment in litigation brought by the European Community and twenty-six of its member states (collectively "Plaintiffs") against RJR Nabisco, Inc.,…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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