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

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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Monetary Sanctions Improperly Awarded Sua Sponte under Rule 11 Affirmed under § 1927

Mohtadi v. Homecomings Fin’l, LLC, 2014 U.S. App. LEXIS 2474 (9th Cir. Feb. 10, 2014): Sanctions were warranted. Rule 11, however, does not allow the district court to impose sanctions payable to a party on the basis of a sua sponte show cause order. See Fed. R. Civ. P. 11(c)(4); Advisory Committee's Notes to the 1993 Am ...
Mohtadi v. Homecomings Fin’l, LLC, 2014 U.S. App. LEXIS 2474 (9th Cir. Feb. 10, 2014): Sanctions were warranted. Rule 11, however, does not allow the district court to impose sanctions payable to a party on the basis of a sua …
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Attorney-Client Privilege — Perlman Applies Outside of Grand Jury Context (Circuit Split) — Interlocutory Appellant Must Be a Non-Litigant — Fed.R.Evid. 410 Does Not Create a Privilege against Discovery of Plea Negotiations

Doe v. United States, 2014 U.S. App. LEXIS 7283 (11th Cir. April 18, 2014): This appeal requires us to decide two issues: whether we have jurisdiction over an interlocutory appeal by criminal defense attorneys and their client who intervened in a proceeding ancillary to a criminal investigation to claim a privilege that would ...
Doe v. United States, 2014 U.S. App. LEXIS 7283 (11th Cir. April 18, 2014): This appeal requires us to decide two issues: whether we have jurisdiction over an interlocutory appeal by criminal defense attorneys and their client who intervened in …
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Facebook Authentication — Admission Erroneous Where Foundational Testimony Failed to Tie Defendant to His Facebook Page and Messages — Circumstantial Evidence Test Applied

Smith v. State, 2014 Miss. LEXIS 209 (Miss. Sup. Ct. April 17, 2014): P1. Scott Smith was convicted of capital murder for the death of seventeen-month-old Ally Waldrop and sentenced to life without the possibility of parole. Smith appealed his conviction to the Court of Appeals, arguing that the trial court erred in admitting ...
Smith v. State, 2014 Miss. LEXIS 209 (Miss. Sup. Ct. April 17, 2014): P1. Scott Smith was convicted of capital murder for the death of seventeen-month-old Ally Waldrop and sentenced to life without the possibility of parole. Smith appealed his …
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§ 1927 Sanctions — Attorney Who Files a Frivolous Appeal Remains Subject to Sanction under § 1927 Even If Suspended from Practice and Forced to Proceed Pro Se during Pendency of Appeal

Yan v. Fu, 2014 U.S. App. LEXIS 5062 (9th Cir. Mar. 18, 2014): Appellees filed a motion under Federal Rule of Appellate Procedure 38 and 28 U.S.C. § 1927 requesting that we impose sanctions on Yan, an attorney, for filing a frivolous appeal. We grant Appellees' motion for sanctions for filing a frivolous appeal pursuant to Rule 3 ...
Yan v. Fu, 2014 U.S. App. LEXIS 5062 (9th Cir. Mar. 18, 2014): Appellees filed a motion under Federal Rule of Appellate Procedure 38 and 28 U.S.C. § 1927 requesting that we impose sanctions on Yan, an attorney, for filing…
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Spoliation — Fifth Circuit Requires Bad Faith as Prerequisite to Adverse Inference Instruction

Clayton v. Columbia Cas. Co., 2013 U.S. App. LEXIS 23969 (5th Cir. Nov. 26, 2013): A finding of spoliation requires the "bad faith" destruction of evidence relevant to the litigation. Condrey v. SunTrust Bank of Ga., 431 F.3d 191, 203 (5th Cir. 2005) ("The Fifth Circuit permits an adver ...
Clayton v. Columbia Cas. Co., 2013 U.S. App. LEXIS 23969 (5th Cir. Nov. 26, 2013): A finding of spoliation requires the "bad faith" destruction of evidence relevant to the litigation. Condrey v. SunTrust Bank of Ga., 431 F.3d 191,…
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Summary Judgment — Failure to Diligently Pursue Discovery in the Past Is a Reason to Deny Further Discovery — Noncompliance with Rule 56(d) Also Warrants Denial of Request for Further Discovery

Long v. Playboy Enters. Int’l, Inc., 2014 U.S. App. LEXIS 5483 (9th Cir. Mar. 25, 2014): Nor did the district court err in rejecting Long's request for further discovery in order to authenticate screenshots from web sites showing discriminatory pricing for the party. Long had several months to conduct further discovery b ...
Long v. Playboy Enters. Int’l, Inc., 2014 U.S. App. LEXIS 5483 (9th Cir. Mar. 25, 2014): Nor did the district court err in rejecting Long's request for further discovery in order to authenticate screenshots from web sites showing discriminatory pricing…
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RICO — Failure to Allege Racketeering Activity as Enumerated in 18 U.S.C. § 1961(1) Is Fatal to RICO Claim — List of Predicate Acts in Statute Is Exhaustive

Ghosh v. Uniti Bank, 2014 U.S. App. LEXIS 6146 (9th Cir. Mar. 31, 2014): We first address Ghosh's claims. A civil RICO plaintiff must allege a pattern of racketeering activity in order to state a claim under 18 U.S.C. § 1962. Sedima S.P.R.L. v. Imrex Co., Inc, 473 U.S. 479, 481-82 (1985). Ghosh and Investments, h ...
Ghosh v. Uniti Bank, 2014 U.S. App. LEXIS 6146 (9th Cir. Mar. 31, 2014): We first address Ghosh's claims. A civil RICO plaintiff must allege a pattern of racketeering activity in order to state a claim under 18 U.S.C. §…
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Judicial Notice of Geographical Internet Evidence — Travel Distances to One Address from Various Locations — Drawn from Google Maps, World Atlas.com, MapQuest, Yahoo

Va. Innovation Sci., Inc. v. Samsung Elecs. Co., Ltd., 2014 U.S. Dist. LEXIS 44758 (E.D. Va. Mar. 31, 2014): A. Defendants' Request for Judicial Notice Federal Rule of Evidence 201 "governs judicial notice of . . . adjudicative fact[s]." Fed. R. Evid. 201(a). The Court is permit ...
Va. Innovation Sci., Inc. v. Samsung Elecs. Co., Ltd., 2014 U.S. Dist. LEXIS 44758 (E.D. Va. Mar. 31, 2014): A. Defendants' Request for Judicial Notice Federal Rule of Evidence 201 "governs judicial notice of . . . adjudicative fact[s]." Fed.…
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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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