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

Where Counsel Files Multiple Suits, Each <100 Plaintiffs, and Doesn't Propose Joint Trial, CAFA Removal Improper — Maybe OK If State Court Sua Sponte Orders Joint Trial — Good Quote re Stretching Opinion’s Reasoning Beyond Its Breaking Point

Scimone v. Carnival Corp., 720 F.3d 876 (11th Cir. 2013): In 2012, one of Appellants' cruise ships, the Costa Concordia, ran aground off the coast of Italy. In the wake of the accident, many of the Costa Concordia's passengers sued Appellants (collectively referred to in this opinion as "Carnival"), filing dozens of ...
Scimone v. Carnival Corp., 720 F.3d 876 (11th Cir. 2013): In 2012, one of Appellants' cruise ships, the Costa Concordia, ran aground off the coast of Italy. In the wake of the accident, many of the Costa Concordia's passengers sued…
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Facebook — Authentication of Page and Attribution to Specific Person

In the Interest of LP, a Child, 2013 Ga. App. LEXIS 798 (Ga. App. Oct. 2, 2013): Using L. P.'s known street name, "Alley for Real," Lieutenant Richardson found a user profile on Facebook that used the identity "Alley for Real," listed a birth month and day that matched L. P.'s, and included pictures of L ...
In the Interest of LP, a Child, 2013 Ga. App. LEXIS 798 (Ga. App. Oct. 2, 2013): Using L. P.'s known street name, "Alley for Real," Lieutenant Richardson found a user profile on Facebook that used the identity "Alley for…
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Legal Malpractice — Judicial Proceedings Privilege Protects Lawyers from Liability for Statements Made in and Pertinent to Litigation — Applies to All Causes of Action — Not Limited to Defamation Claims

Hadar v. Pierce, 2013 N.Y. App. Div. LEXIS 7376 (1st Dept. Nov. 12, 2013): The first through fourth causes of action are based on the purportedly false statements made in the complaint in a prior Supreme Court action and the petition in a Surrogate's Court proceeding, both of which were signed by defendants. These statemen ...
Hadar v. Pierce, 2013 N.Y. App. Div. LEXIS 7376 (1st Dept. Nov. 12, 2013): The first through fourth causes of action are based on the purportedly false statements made in the complaint in a prior Supreme Court action and the …
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The Statute of Limitations for a Criminal Legal Malpractice or Malicious Prosecution Plaintiff Commences Only after All Charges Have Been Disposed of in His or Her Favor — No Claim Lies While Charges Pending

Kanciper v. Lato, 2013 U.S. Dist. LEXIS 159725 (E.D.N.Y. Nov. 7, 2013): [T]he Plaintiff's state law causes of actions accrue when the entire underlying action or proceeding is dismissed. Here, because the underlying indictment remained pending until the Appellate Division reversal, the causes of action for malic ...
Kanciper v. Lato, 2013 U.S. Dist. LEXIS 159725 (E.D.N.Y. Nov. 7, 2013): [T]he Plaintiff's state law causes of actions accrue when the entire underlying action or proceeding is dismissed. Here, because the underlying indictment remained pending until the Appellate Division…
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Securities — § 15(a)(1) of ’34 Act Affords Private Right of Action — Rescission Available under § 29(b) to Stranger to Contract — Privity Inferrable from Cross-References to Other Contracts to Which Plaintiff Was Party

Landegger v. Cohen, 2013 U.S. Dist. LEXIS 159734 (D. Colo. Nov. 7, 2013): The crux of Plaintiff's claim is predicated on the unregistered broker status of Defendants Cohen and Young, respectively. Because of this status, Plaintiff contends that the securities' contracts entered into with Defendants were unlawful under Section ...
Landegger v. Cohen, 2013 U.S. Dist. LEXIS 159734 (D. Colo. Nov. 7, 2013): The crux of Plaintiff's claim is predicated on the unregistered broker status of Defendants Cohen and Young, respectively. Because of this status, Plaintiff contends that the securities'…
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Discovery Sanctions — Dismissal under Rule 37 — Factors — Breadth of Discretion

Moore v. Citgo Refining & Chem. Co., 2013 U.S. App. LEXIS 22835 (5th Cir. Nov. 12, 2013): Console supervisors at a refinery alleged that their employer, CITGO Refining and Chemicals Company, L.P. ("CITGO"), misclassified them as exempt from the overtime pay requirements of the Fair Labor Standards Act ("FLSA"), 29 ...
Moore v. Citgo Refining & Chem. Co., 2013 U.S. App. LEXIS 22835 (5th Cir. Nov. 12, 2013): Console supervisors at a refinery alleged that their employer, CITGO Refining and Chemicals Company, L.P. ("CITGO"), misclassified them as exempt from the overtime…
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“An Expert May Not Merely Recite Another Expert’s Opinion as His Own” (Good Quote)

Member Servs. v. Sec. Mut. Life Ins. Co., 2010 U.S. Dist. LEXIS 103776 (N.D.N.Y Sept. 30, 2010): Finally, those portions of Mr. Cosgrove's report that address technical matters simply repeat Mr. Elliott's opinions and are not based on any personal or independent analysis by Mr. Cosgrove. In  this regard, Mr ...
Member Servs. v. Sec. Mut. Life Ins. Co., 2010 U.S. Dist. LEXIS 103776 (N.D.N.Y Sept. 30, 2010): Finally, those portions of Mr. Cosgrove's report that address technical matters simply repeat Mr. Elliott's opinions and are not based on any personal …
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Goals of Spoliation Sanctions — Court of Appeals Has Discretion to Entertain Arguments on Appeal Not Raised below (Doctrine of Forfeiture) — Is Terminating Excessive If Case Would’ve Been Resolved on Purely Legal Grounds?

Gutman v. Klein, 515 F. App’x 8 (2d Cir. 2013): Defendants-Appellants Zalman Klein ("Klein"), Dina Klein, A to Z Holding Corporation ("Holding"), A to Z Capital Corporation ("Capital"), and Washington Greene Associates ("WGA") (collectively, "defendants") appeal from two judgments (1) awardin ...
Gutman v. Klein, 515 F. App’x 8 (2d Cir. 2013): Defendants-Appellants Zalman Klein ("Klein"), Dina Klein, A to Z Holding Corporation ("Holding"), A to Z Capital Corporation ("Capital"), and Washington Greene Associates ("WGA") (collectively, "defendants") appeal from two judgments (1)…
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RICO — Shareholder and Guarantor Lack Standing to Sue for Injuries Derivative of Corporation’s — Mareva-Like Injunction Potentially OK under State Law — Assignment of Claims Must Antedate Inception of Suit to Confer Standing

Niemi v. Lasshofer, 2013 U.S. App. LEXIS 18589 (10th Cir. Sept. 6, 2013): An unconventional real estate financing scheme presents us with some unconventional legal questions. Questions ranging from whether an Austrian financier should be denied access to the American legal system because he failed to comply with an order freezing his ...
Niemi v. Lasshofer, 2013 U.S. App. LEXIS 18589 (10th Cir. Sept. 6, 2013): An unconventional real estate financing scheme presents us with some unconventional legal questions. Questions ranging from whether an Austrian financier should be denied access to the American…
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Party May Lack Standing to Challenge Document Subpoena Served on Its Testifying Expert Unless Privilege or Work Product Protection Is Jeopardized

Fuller v. Unum Grp., 2013 U.S. Dist. LEXIS 160074 (D. Me. Nov. 8, 2013): The pending motions (motion to compel, motion to quash, and motion to strike) confront the tension between Rules 26 and 45 when a party uses a Rule 45 subpoena duces tecum to seek document discovery from an opposing party's testimonial expert where t ...
Fuller v. Unum Grp., 2013 U.S. Dist. LEXIS 160074 (D. Me. Nov. 8, 2013): The pending motions (motion to compel, motion to quash, and motion to strike) confront the tension between Rules 26 and 45 when a party uses a …
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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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