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

Rule 611(a) Summary Chart Introduced as Pedagogical Aide Must Be Linked to Admitted Evidence — Chart Proponent Bears Burden of Proving Admissibility of Summarized Evidence

United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012): 1. Admission of Exhibit 1-2 The testimony of cooperating defendant Sparks formed much of the government's case against Miller and Irvin. Over the course of four days, Sparks described the various forgeries, misrepresentations, and other fraudulent acti ...
United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012): 1. Admission of Exhibit 1-2 The testimony of cooperating defendant Sparks formed much of the government's case against Miller and Irvin. Over the course of four days, Sparks described the…
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PSLRA’s RICO Bar Applies to Extraterritorial Securities Fraud Not Actionable in U.S. — Key Is Nature of Conduct, Not Actionability — If One Prong of Conduct Is Barred, Entire Scheme Barred

Perkumpulan Investor Crisis Center Dressel – WBG v. Wong, 2014 U.S. Dist. LEXIS 33797 (W.D. Wash. Mar. 14, 2014): C. RICO and the Private Securities Litigation Reform Act Congress enacted the Racketeer Influenced  [*21] and Corrupt Organizations Act of 1970 ("RICO") to "seek t ...
Perkumpulan Investor Crisis Center Dressel – WBG v. Wong, 2014 U.S. Dist. LEXIS 33797 (W.D. Wash. Mar. 14, 2014): C. RICO and the Private Securities Litigation Reform Act Congress enacted the Racketeer Influenced  [*21] and Corrupt Organizations Act of 1970…
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RICO — Failure to Plead Relevant Labor or Geographic Market Fatal to Claim Wages Were Depressed Due to Hiring Illegal Employees — Neither Injury Nor Causation Pled — Rule-of-Reason Antitrust Case Law Drawn On

Simpson v. Sanderson Farms, Inc., 2014 U.S. App. LEXIS 4259 (11th Cir. Mar. 7, 2014): Plaintiffs Melissa Simpson and Sabrina Roberts appeal the dismissal of a putative class action suit brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. §§ 1961-68. In this case, we must determine whether these two ...
Simpson v. Sanderson Farms, Inc., 2014 U.S. App. LEXIS 4259 (11th Cir. Mar. 7, 2014): Plaintiffs Melissa Simpson and Sabrina Roberts appeal the dismissal of a putative class action suit brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act,…
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Federal Jurisdiction — Court of Federal Claims Lacks Jurisdiction over RICO and Constitutional Claims Because They Do Not Mandate Payment of Money

Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014): Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of the United States Constitution. These claims do not fall within the court's juris ...
Trevino v. United States, 2014 U.S. App. LEXIS 4252 (Fed. Cir. Mar. 7, 2014): Fourth, the trial court does not have jurisdiction over Ms. Treviño's RICO claims or her claims under the due process, equal protection or supremacy clauses of …
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Spoliation — Bad Faith Required for Fees as a Spoliation Sanction (Ninth Circuit), at Least under Inherent Power — “‘Perhaps’ Doesn’t Mean ‘Yes,’ It Means ‘Perhaps’” (Good Quote)

Joseph v. Linehaul Logistics, Inc., 2013 U.S. App. LEXIS 24434 (9th Cir. Dec. 5, 2013): Arlene Joseph sued LineHaul Logistics for wrongful discharge and unpaid overtime. A jury found for Joseph as to wrongful discharge and for LineHaul as to overtime. Post-trial motions were filed and denied, judgment was entered, and both parties ap ...
Joseph v. Linehaul Logistics, Inc., 2013 U.S. App. LEXIS 24434 (9th Cir. Dec. 5, 2013): Arlene Joseph sued LineHaul Logistics for wrongful discharge and unpaid overtime. A jury found for Joseph as to wrongful discharge and for LineHaul as to…
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Sanctions — $413 Million Default Affirmed — Testimony Incredible in Part May Be Wholly Rejected — Diligent Efforts Needed to Show Compliance with Discovery Order Impossible — Damages Undisturbed Unless Plainly Excessive — Evidence for Contempt

Domanus v. Lewicki, 742 F.3d 290 (7th Cir. 2014): Adam Swiech, Richard Swiech, and Derek Lewicki received a host of discovery sanctions in the district court. These sanctions eventually led to the ultimate penalty, when they ended up on the wrong end of a $413,000,000 default judgment. In this appeal, the defendants c ...
Domanus v. Lewicki, 742 F.3d 290 (7th Cir. 2014): Adam Swiech, Richard Swiech, and Derek Lewicki received a host of discovery sanctions in the district court. These sanctions eventually led to the ultimate penalty, when they ended up on the …
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Text Messages — Authenticating Testimony from Provider — Admissibility as Computer-Generated Evidence, Business Records, Adoptive Admissions — Reading Aloud, Interpreting Contractions — Making a Record of “Dramatic” Reading

Chewning v. Commonwealth of Virginia, 2014 Va. App. LEXIS 82 (Va. Ct. App. Mar. 11, 2014): Eddie Wayne Chewning (the appellant) was tried by a jury and convicted of first-degree murder and use of a firearm in the commission of a felony, in violation of Code §§ 18.2-32 and 18.2-53.1. These convictions were based on his participation ...
Chewning v. Commonwealth of Virginia, 2014 Va. App. LEXIS 82 (Va. Ct. App. Mar. 11, 2014): Eddie Wayne Chewning (the appellant) was tried by a jury and convicted of first-degree murder and use of a firearm in the commission of…
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Rule 11 Sanctions — Burden of Proof — Compliance with Safe Harbor Mandatory — Alleged Failure to Confer Is Not Sanctionable

Kane v. Miser, 2014 U.S. Dist. LEXIS 30668 (D. Az. March 7, 2014): Currently pending before the court is a "Motion for Violation of [Fed.R.Civ.P.] Eleven[,]" filed by plaintiff pro se Keith P. Nance (Doc. 88). Because there is no factual or legal basis for plaintiff's motion, the court will deny it. ***
Kane v. Miser, 2014 U.S. Dist. LEXIS 30668 (D. Az. March 7, 2014): Currently pending before the court is a "Motion for Violation of [Fed.R.Civ.P.] Eleven[,]" filed by plaintiff pro se Keith P. Nance (Doc. 88). Because there is no…
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New York Convention — Enforcement of International Arbitration Award — Normally a Secondary State May Not Enforce an Award Lawfully Set Aside by a Competent Authority in the Primary State

Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Republic, 2014 U.S. Dist. LEXIS 15004 (S.D.N.Y. Feb. 6, 2014): The New York Convention "provides a carefully crafted framework for the enforcement of international arbitral awards." TermoRio S.A. E.S.P. v. Electranta S.P., 487 F.3d 9 ...
Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of Lao People’s Republic, 2014 U.S. Dist. LEXIS 15004 (S.D.N.Y. Feb. 6, 2014): The New York Convention "provides a carefully crafted framework for the enforcement of international arbitral awards." TermoRio S.A. E.S.P.…
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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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