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

Inherent Power Sanctions — Bad Faith Delay of Proceedings Is Sanctionable, As Is Recklessly Failing to Investigate Facts or Lying to Court

Ass’n for Disabled Americans, Inc. v. Rodriguez, 2014 U.S. App. LEXIS 2273 (11th Cir. Feb. 6, 2014): On appeal, Charouhis contends the district court failed to make the requisite bad-faith finding before imposing sanctions under its inherent authority. We review a district court's imposition of sanctions pursuan ...
Ass’n for Disabled Americans, Inc. v. Rodriguez, 2014 U.S. App. LEXIS 2273 (11th Cir. Feb. 6, 2014): On appeal, Charouhis contends the district court failed to make the requisite bad-faith finding before imposing sanctions under its inherent authority. We review…
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Summary Evidence — When Is the Underlying Evidence Sufficiently Indigestible to Warrant a Summary Exhibit?

United States v. Appolon, 695 F.3d 44 (1st Cir. 2012): 1. The Summary Charts Daniel and Haltiwanger argue that the district court erred by admitting into evidence four charts summarizing the reams of financial data in this case. As with other evidentiary rulings,  [**27] our review is for abuse of discretion. ...
United States v. Appolon, 695 F.3d 44 (1st Cir. 2012): 1. The Summary Charts Daniel and Haltiwanger argue that the district court erred by admitting into evidence four charts summarizing the reams of financial data in this case. As with…
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Attorney-Client Privilege — Crime-Fraud — Intent to Commit Crime Essential — Applies to Work Product — Showing for In Camera Questioning — Perlman Rule for Immediate Appeal If 3rd Party Likely to Disclose — Good Quote on Malleability of Memory

In re Grand Jury, 2014 U.S. App. LEXIS 2593 (3d Cir. Feb. 12, 2014): Corporation and Client (together, "Intervenors") are targets of an ongoing grand jury investigation into alleged violations of the Foreign Corrupt Practices Act ("FCPA"). The grand jury served a subpoena on Intervenors' former attor ...
In re Grand Jury, 2014 U.S. App. LEXIS 2593 (3d Cir. Feb. 12, 2014): Corporation and Client (together, "Intervenors") are targets of an ongoing grand jury investigation into alleged violations of the Foreign Corrupt Practices Act ("FCPA"). The grand jury …
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Email Authentication — Varieties of Circumstantial Evidence Sufficient to Satisfy Rule 901

Donati v. State, 2014 Md. App. LEXIS 6 (Md. Ct. Spec. App. Jan. 9, 2014): Admissibility of E-mails Appellant's first contention is that the circuit court abused its discretion by admitting e-mails that were not properly authenticated. The Maryland appellate courts have addressed the authent ...
Donati v. State, 2014 Md. App. LEXIS 6 (Md. Ct. Spec. App. Jan. 9, 2014): Admissibility of E-mails Appellant's first contention is that the circuit court abused its discretion by admitting e-mails that were not properly authenticated. The Maryland appellate…
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Must All Absent Class Members Have Suffered Injury? — Circuit Split

In re Deepwater Horizon, 739 F.3d 790 (5th Cir. 2014): [T]he crux of BP's standing argument is that Article III "preclude[s] certification of a settlement class that includes members that have suffered no injury" or "who suffered no harm caused by the Deepwater Horizon incident." In BP ...
In re Deepwater Horizon, 739 F.3d 790 (5th Cir. 2014): [T]he crux of BP's standing argument is that Article III "preclude[s] certification of a settlement class that includes members that have suffered no injury" or "who suffered no harm caused …
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Sanctions — Inherent Power Sanctions Require Clear and Convincing Proof of Bad Faith in Fifth Circuit — Imputation of Counsel’s Bad Faith Here Insufficient

In re Moore (Cadle v. Moore), 2014 U.S. App. LEXIS 470 (5th Cir Jan. 9, 2014): The Cadle Company ("Cadle") is a creditor of the bankruptcy estate of James H. Moore, III ("Moore"). Cadle originally brought suit against Moore in state court. After Moore filed for bankruptcy, Cadle removed its action to the bankruptcy ...
In re Moore (Cadle v. Moore), 2014 U.S. App. LEXIS 470 (5th Cir Jan. 9, 2014): The Cadle Company ("Cadle") is a creditor of the bankruptcy estate of James H. Moore, III ("Moore"). Cadle originally brought suit against Moore in…
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Service of Process via Facebook Alone Inadequate to Satisfy Due Process — Use of Facebook to Effect Supplemental Service May Be Permissible

Joe Hand Promotions, Inc. v. Carrette, 2013 U.S. Dist. LEXIS 109731 (D. Kan. July 9, 2013): The plaintiff, Joe Hand Promotions, Inc., is a television distributor of pay-per-view and closed circuit special events. Plaintiff claims that the defendants, Mario Carrette and M & B, Inc., both doing business as "EL TAPATIO," unlawf ...
Joe Hand Promotions, Inc. v. Carrette, 2013 U.S. Dist. LEXIS 109731 (D. Kan. July 9, 2013): The plaintiff, Joe Hand Promotions, Inc., is a television distributor of pay-per-view and closed circuit special events. Plaintiff claims that the defendants, Mario Carrette…
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RICO Proximate Cause — Substantial Factor Test — Needn’t Be Sole Cause — Small Business Enterprise Subcontractor Whose Prime Lost Bids Due to SBE Fraud by Other Subs and Their Prime States Claim — Good Bridge v. Phoenix Bond Analysis

Corcel Corp. v. Ferguson Enters., Inc., 2014 U.S. App. LEXIS 2385 (11th Cir. Feb. 7, 2014): Appellant-Plaintiff Corcel Corporation, Inc. ("Corcel") sued Appellees-Defendants Ferguson Enterprises, Inc. ("Ferguson"), Line--Tec, Inc. ("LT") and AKA Services, Inc. ("AKA") (collectively &quo ...
Corcel Corp. v. Ferguson Enters., Inc., 2014 U.S. App. LEXIS 2385 (11th Cir. Feb. 7, 2014): Appellant-Plaintiff Corcel Corporation, Inc. ("Corcel") sued Appellees-Defendants Ferguson Enterprises, Inc. ("Ferguson"), Line–Tec, Inc. ("LT") and AKA Services, Inc. ("AKA") (collectively "the defendants") for alleged…
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Spoliation — Range of Sanctions Available Depending on Culpability — Bad Faith Not Prerequisite to Adverse Inference Instruction in Sixth Circuit — Meaning of Abuse of Discretion

Ross v. Am. Red Cross, 2014 U.S. App. LEXIS 1827 (6th Cir. Jan. 27, 2014): We review a district court's decision not to impose spoliation sanctions for abuse of discretion, "'[g]iving great deference to the district court's credibility determinations and findings of fact.'" Adkins v. Wolever, 692 F.3 ...
Ross v. Am. Red Cross, 2014 U.S. App. LEXIS 1827 (6th Cir. Jan. 27, 2014): We review a district court's decision not to impose spoliation sanctions for abuse of discretion, "'[g]iving great deference to the district court's credibility determinations and…
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Sanctions — Rule 37 and Spoliation Standards in Second Circuit — Bad Faith and Consideration of Lesser Alternatives Prerequisite to Dismissal — Contractual Right to Attorneys’ Fees for Prevailing Party Enforceable in New York

Metro Found. Contractors, Inc. v. Arch Ins. Co., 2014 U.S. App. LEXIS 589 (2d Cir. Jan. 13 2014): Metro Foundation Contractors, Inc., ("Metro") appeals the district court's judgment in favor of Marco Martelli Associates ("MMA") on its claims for breach of contract and indemnification and dismissing Metro's ...
Metro Found. Contractors, Inc. v. Arch Ins. Co., 2014 U.S. App. LEXIS 589 (2d Cir. Jan. 13 2014): Metro Foundation Contractors, Inc., ("Metro") appeals the district court's judgment in favor of Marco Martelli Associates ("MMA") on its claims for breach…
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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