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 16(f) Sanctions for Violation of Protective Order — Standards — Allocation between Client and Counsel — Delaying Production beyond, and Conducting Discovery after, Cut-Off Date Violates 16(f) — Good Quotes

  Rahbarian v. Cawley, 2013 U.S. Dist. LEXIS 171123 (E.D. Cal. Dec. 2, 2013): The Court heard argument on Plaintiffs' Motion to Reopen Discovery, to Impose Sanctions, and to Obtain a Protective Order to Preserve Evidence, (ECF No. 59), on September 19, 2013. Cyrus Zal appeared for Plaintiffs, and David W ...
Rahbarian v. Cawley, 2013 U.S. Dist. LEXIS 171123 (E.D. Cal. Dec. 2, 2013): The Court heard argument on Plaintiffs' Motion to Reopen Discovery, to Impose Sanctions, and to Obtain a Protective Order to Preserve Evidence, (ECF No. 59), on September…
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Supreme Court: Forum Selection Clause Essentially Inviolable — Enforced via § 1404(a) or Forum Non Conveniens — Propriety of Venue under § 1406(a) or Rule 12(b)(3) Determined under § 1391 or Other Apt Venue Statute

Atlantic Marine Constr. Co. v. U.S. District Court, 2013 U.S. LEXIS 8775 (U.S. Dec. 3, 2013): The question in this case concerns the procedure that is available for a defendant in a civil case who seeks to enforce a forum-selection clause. We reject petitioner's argument that such a clause may be enforced by a motion to ...
Atlantic Marine Constr. Co. v. U.S. District Court, 2013 U.S. LEXIS 8775 (U.S. Dec. 3, 2013): The question in this case concerns the procedure that is available for a defendant in a civil case who seeks to enforce a forum-selection …
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Sanctions — Penal vs. Issue-Related — Differing Standards & Burdens — Due Process Satisfied by Court Warnings at Hearing — What theRule 26(e)(1) Duty to Correct Requires — Failure to Identify What Is Being Corrected Violates Duty

Johnson v. BAE Sys., Inc., 2013 U.S. Dist. LEXIS 170092 (D.D.C. Nov. 27, 2013): This matter comes before the Court on Defendants' Motion for Sanctions, Plaintiff's Opposition, and Defendants' Reply. The defendants ask this Court to impose sanctions pursuant to its inherent power because the plaintiff falsified med ...
Johnson v. BAE Sys., Inc., 2013 U.S. Dist. LEXIS 170092 (D.D.C. Nov. 27, 2013): This matter comes before the Court on Defendants' Motion for Sanctions, Plaintiff's Opposition, and Defendants' Reply. The defendants ask this Court to impose sanctions pursuant to …
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Arbitration — Waiver of Right to Arbitrate — Factors — “The Key to a Waiver Analysis Is Prejudice” (Good Quote)

Tech. in P’ship v. Rudin, 2013 U.S. App. LEXIS 19146 (2d Cir. Sept. 17, 2013): Federal policy strongly favors arbitration and waiver of a right to arbitrate is not lightly inferred, but a party can waive its right to arbitration "when it engages in protracted litigation that prejudices the opposing party."
Tech. in P’ship v. Rudin, 2013 U.S. App. LEXIS 19146 (2d Cir. Sept. 17, 2013): Federal policy strongly favors arbitration and waiver of a right to arbitrate is not lightly inferred, but a party can waive its right to arbitration …
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Nationwide Injunction Should Not Issue If Circuit Split Exists

Fox TV Stations, Inc. v. BarryDiller Content Sys., PLC, 915 F. Supp. 2d 1138, 1141-42 (C.D. Cal. 2012): B. Geographical Reach of Injunction Where Circuit Split Present Courts should not issue nationwide injunctions where the injunction would not issue under the law of another circuit.
Fox TV Stations, Inc. v. BarryDiller Content Sys., PLC, 915 F. Supp. 2d 1138, 1141-42 (C.D. Cal. 2012): B. Geographical Reach of Injunction Where Circuit Split Present Courts should not issue nationwide injunctions where the injunction would not issue under …
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Retained vs. Unretained Experts — Identifying Characteristics of Each and Limitations on the Scope of Testimony of the Latter

Compass Bank v. Eager Road Assocs., LLC, 2013 U.S. Dist. LEXIS 154118 (E.D. Mo. Oct. 28, 2013): In the First Amended Complaint, the Banks seek damages for the breach of a Settlement Agreement between the parties arising out of   an underlying lawsuit brought in this district. (ECF No. 107). The dispute un ...
Compass Bank v. Eager Road Assocs., LLC, 2013 U.S. Dist. LEXIS 154118 (E.D. Mo. Oct. 28, 2013): In the First Amended Complaint, the Banks seek damages for the breach of a Settlement Agreement between the parties arising out of   an…
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Spoliation — Fourth Circuit Standard — Intentionality But Not Bad Faith — Failure to Trigger Duty to Preserve Bars Sanction for Routine Recycling — Spoliation, Alone, No Ground for Civil Cause of Action under Federal or Admiralty Law

Turner v. United States, 2013 U.S. App. LEXIS 23349 (4th Cir. Nov. 20, 2013): The district court properly denied Ms. Turner's motion for sanctions based on spoliation. Spoliation is a rule of evidence, and the decision to impose sanctions for violations is one "'administered at the discretion of the trial court'" ...
Turner v. United States, 2013 U.S. App. LEXIS 23349 (4th Cir. Nov. 20, 2013): The district court properly denied Ms. Turner's motion for sanctions based on spoliation. Spoliation is a rule of evidence, and the decision to impose sanctions for…
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Contracts — Breach of Condition Precedent Ends Other Party’s Obligations Regardless of Materiality — Spoliation Sanctions — Criteria for Striking Pleadings and for Dismissal (or Default)

St. Louis Produce Mkt. v. Hughes, 2013 U.S. App. LEXIS 23029 (8th Cir. Nov. 14, 2013): After protracted discovery, during which the district court sanctioned Hughes for discovery abuses, the court granted summary judgment for the Market on two alternative grounds. First, assuming for the sake of analysis that the separation agreement ...
St. Louis Produce Mkt. v. Hughes, 2013 U.S. App. LEXIS 23029 (8th Cir. Nov. 14, 2013): After protracted discovery, during which the district court sanctioned Hughes for discovery abuses, the court granted summary judgment for the Market on two alternative…
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Email Admissibility — Merely Forwarding Email without Comment ≠ Adoptive Admission — Hearsay within Hearsay

Taylor-Bertling v. Foley, 2013 Ariz. App. Unpub. LEXIS 1276 (Ariz. Ct. App. Nov. 20, 2013): P1 Appellants Dianne Taylor-Bertling and Richard Bertling (the Taylor-Bertlings) brought suit against appellee Theresa Foley alleging negligence. The jury found in favor of Foley and judgment was entered against the Taylor-Bertlings. *** < ...
Taylor-Bertling v. Foley, 2013 Ariz. App. Unpub. LEXIS 1276 (Ariz. Ct. App. Nov. 20, 2013): P1 Appellants Dianne Taylor-Bertling and Richard Bertling (the Taylor-Bertlings) brought suit against appellee Theresa Foley alleging negligence. The jury found in favor of Foley and…
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Orders Authorizing Subpoenas and Other Discovery under 28 U.S.C. § 1782 Are Properly Issued Ex Parte

In re Ex Parte Application of Société d'Etude De Réalisation et d'Exploitation pour le Traitement du Mais, ,2013 U.S. Dist. LEXIS 167219 (E.D. Pa. Nov. 22, 2013): On November 20, 2013, Société d'Etude de Réalisation et d'Exploitation pour le Traitement du Mais ("SERETRAM") applied for an order for leave ...
In re Ex Parte Application of Société d'Etude De Réalisation et d'Exploitation pour le Traitement du Mais, ,2013 U.S. Dist. LEXIS 167219 (E.D. Pa. Nov. 22, 2013): On November 20, 2013, Société d'Etude de Réalisation et d'Exploitation pour le Traitement…
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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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