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

Sanctions: If Rule or Statutory Power (Including § 1927) Available, Court Should Not Invoke Inherent Power — D.C. Circuit State of Mind for § 1927 Unsettled But Clear & Convincing Proof Required — Law Firm Vicarious Liability

Animal Welfare Inst. v. Feld Entm’t, Inc., 2013 U.S. Dist. LEXIS 68522 (D.D.C. Mar. 29, 2013): B. Inherent Authority In addition to powers deriving from rule or statute, courts also have inherent authority to sanction litigation misconduct when a party has "acted in bad faith, vexatiously, wantonly, or for oppressive ...
Animal Welfare Inst. v. Feld Entm’t, Inc., 2013 U.S. Dist. LEXIS 68522 (D.D.C. Mar. 29, 2013): B. Inherent Authority In addition to powers deriving from rule or statute, courts also have inherent authority to sanction litigation misconduct when a party…
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Rule 11 — “Unusual Circumstances” Warranting Fees Most Likely for Improper Purpose —Rule 1.6(b)(5) in Sanctions Proceedings — Good Quote on Counsel’s Right to Rely on Client — Judicial Endorsement of Position Augurs against Sanctions

Philos Techs., Inc. v. Philos & D, Inc., 2013 U.S. Dist. LEXIS 66048 (N.D. Ill. May 8, 2013) PLS Tech Korea ("PLS Tech") is a South Korean company, founded by Jong Ho Philos Ko ("J. Ko"), that specializes in heat treatment technology (F. ¶1). On December 20, 2007 Don-Hee and Jaehee Park (referred to singularly by their first names and collecti ...
Philos Techs., Inc. v. Philos & D, Inc., 2013 U.S. Dist. LEXIS 66048 (N.D. Ill. May 8, 2013) PLS Tech Korea (“PLS Tech”) is a South Korean company, founded by Jong Ho Philos Ko (“J. Ko”), that specializes in heat…
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Sanctions — Dismissal or Default under Rule 37 — Bad Faith Required — Tenth Circuit’s 3-Part Test — Pro Se Defaulted — Sanction Must Be Just and Related to Claim at Issue (Good Quote)

Klein-Becker USA, LLC v. Englert, 2013 U.S. App. LEXIS 6191 (10th Cir. Mar. 27, 2013): Klein-Becker USA and Klein-Becker IP Holdings (collectively "Klein-Becker") sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright infringement, false advertising, and unfair competition under the Lanham Act; false advertisin ...
Klein-Becker USA, LLC v. Englert, 2013 U.S. App. LEXIS 6191 (10th Cir. Mar. 27, 2013): Klein-Becker USA and Klein-Becker IP Holdings (collectively “Klein-Becker”) sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright infringement, false advertising, and unfair competition…
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Derivative Actions — State Law Sets Demand Requirement in Diversity Action — Also in Federal Question Case If Federal Policies Not Frustrated — State-Law Demand Requirement Applies in RICO Action

Gomes v. Am. Century Cos., 2013 U.S. App. LEXIS 6184 (8th Cir. Mar. 28, 2013): Nelson Gomes, an investor in the American Century International Discovery Fund ("the Fund"), brought Maryland common-law claims and federal racketeering claims for violations of 18 U.S.C. §§ 1962(c) and (d) against the appellees, who are the Fund's fiduciari ...
Gomes v. Am. Century Cos., 2013 U.S. App. LEXIS 6184 (8th Cir. Mar. 28, 2013): Nelson Gomes, an investor in the American Century International Discovery Fund (“the Fund”), brought Maryland common-law claims and federal racketeering claims for violations of 18…
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MTD for Lack of Standing Is under 12(b)(1) (No Subject Matter Jurisdiction), Not 12(b)(6) — Dismissal Is Not on Merits and Is Presumptively without Prejudice — Complaint Must Allege Non-Conclusory Facts Showing Jurisdiction

Allstate Ins. Co. v. Global Med. Billing, Inc., 2013 U.S. App. LEXIS 7277 (6th Cir. April 8, 2013): We review a dismissal for lack of standing de novo. McGlone v. Bell, 681 F.3d 718, 728 (6th Cir. 2012) (citing Prime Media, Inc. v. City of Brentwood, 485 F.3d 343, 348 (6th Cir. 2007)). Although the parties and the district court con ...
Allstate Ins. Co. v. Global Med. Billing, Inc., 2013 U.S. App. LEXIS 7277 (6th Cir. April 8, 2013): We review a dismissal for lack of standing de novo. McGlone v. Bell, 681 F.3d 718, 728 (6th Cir. 2012) (citing Prime…
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Spoliation Sanctions — Eleventh Circuit’s Five-Factor Test — Prejudice and Practical Importance of Destroyed Evidence Are Critical

McLeod v. Wal-Mart Stores, Inc., 2013 U.S. App. LEXIS 6669 (11th Cir. April 3, 2013): Debra Kathleen McLeod appeals the district court's grant of summary judgment in favor of Defendants Wal-Mart Stores, Inc., Wal-Mart Stores East, LP, and Wal-Mart Associates, Inc. ("Wal-Mart") in her suit for false arrest, malicious prosecution, and int ...
McLeod v. Wal-Mart Stores, Inc., 2013 U.S. App. LEXIS 6669 (11th Cir. April 3, 2013): Debra Kathleen McLeod appeals the district court’s grant of summary judgment in favor of Defendants Wal-Mart Stores, Inc., Wal-Mart Stores East, LP, and Wal-Mart Associates,…
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“RICO Was Intended to Combat Organized Crime, Not to Provide a Federal Cause of Action and Treble Damages to Every Tort Plaintiff” — Good Quote

Boar, Inc. v. County of Nye, 499 Fed. App’x 713 (9th Cir. 2012): In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over the following years, however, the Snowdons would repeatedly be dismayed to discover that there were various ...
Boar, Inc. v. County of Nye, 499 Fed. App’x 713 (9th Cir. 2012): In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over…
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Sanctions — Hyde Amendment — Criminal Defendants May Seek Fees for Vexatious, Frivolous or Bad Faith Prosecution — Court

United States v. Manzo, 712 F.3d 805 (3d Cir. 2013): Under a statutory provision known as the "Hyde Amendment," a district court in criminal cases "may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was ...
United States v. Manzo, 712 F.3d 805 (3d Cir. 2013): Under a statutory provision known as the “Hyde Amendment,” a district court in criminal cases “may award to a prevailing party, other than the United States, a reasonable attorney’s fee…
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Is a National Bank a Citizen Only of the State Housing Its “Main Office” or Also of the State Where Its Principal Place of Business Is Located? Caselaw Split

Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 65353 (N.D. Cal. May 7, 2013): Plaintiffs, Christopher D. Adams and Sheila K. Adams, brought this action in state court seeking redress for several statutory and common law violations arising from the origination of their residential mortgage loan. Both Plaintiffs are California cit ...
Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 65353 (N.D. Cal. May 7, 2013): Plaintiffs, Christopher D. Adams and Sheila K. Adams, brought this action in state court seeking redress for several statutory and common law violations arising…
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Negligent Spoliation — Sanctions — Deeming Certain Facts Admitted and Precluding Certain Arguments Does Not Prevent Summary Judgment in Favor of Spoliator — Bad Faith Required for Adverse Inference in Seventh Circuit

Northington v. H & M Int’l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether a discovery sanction was properly applied and adhered to by the district court. Since 2005, plaintiff-appellant Ehn ...
Northington v. H & M Int’l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether…
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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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