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 — Perils of Protective Orders: Fugitive Defendant Properly Denied Access to Confidential Discovery Materials Because, Having Removed Himself from The Jurisdiction of The District Court, The Court Could Not Enforce the Protective Order Against Him — Discovery Access Limitation Thus a Reasonable Exercise of the Court’s Inherent Authority to Protect Its Own Discovery Orders

United States SEC v. Iftikar A. Ahmed, 2023 U.S. App. LEXIS 16310, 2023 WL 4219923 (2d Cir. June 28, ...
United States SEC v. Iftikar A. Ahmed, 2023 U.S. App. LEXIS 16310, 2023 WL 4219923 (2d Cir. June 28, 2023):   *1 Defendant Iftikar Ahmed defrauded his former employer and its investors of some $65 million over the span…
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Authority of Appeals’ Court’s Grievance (Disciplinary) Panel Does Not Require That Merits Panels Refer All Sanctions Matters to Grievance Panel — Discipline and Sanctions Are Distinct Concepts

In re Atty. Griev. Complaint Filed by David Harris, 2023 U.S. App. LEXIS 16307, *1, 2023 WL 4243254 (2d Cir. June 28, 2023): ORDER OF GRIEVANCE PANEL *1 David Ha ...
In re Atty. Griev. Complaint Filed by David Harris, 2023 U.S. App. LEXIS 16307, *1, 2023 WL 4243254 (2d Cir. June 28, 2023): ORDER OF GRIEVANCE PANEL *1 David Harris has submitted an attorney grievance complaint to this Court,…
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Supreme Court: Associational Standing — If Traditional 3-Part Test Is Satisfied, and the Organization Has Identified Members and Represents Them In Good Faith, Associational Standing Is Satisfied

Students for Fair Admissions, Inc. v. President, 2023 U.S. LEXIS 2791, 2023 WL 4239254 (U.S. June 29, 2023): Chief Justice Roberts delivered the opinion of the Court. In these cases we consider whether the admissions systems used by Harvard ...
Students for Fair Admissions, Inc. v. President, 2023 U.S. LEXIS 2791, 2023 WL 4239254 (U.S. June 29, 2023): Chief Justice Roberts delivered the opinion of the Court. In these cases we consider whether the admissions systems used by Harvard…
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Supreme Court: Corporation Subject to Suit (Personal Jurisdiction) in Any State in Which It Registers to Do Business If The Registration Statute Makes Consent to Suit A Condition of Registration (5-4) – However, The Concurring Fifth Justice Believes That Such Statutes May Violate The Dormant Conference Clause, And The 4-Justice Dissent Points Out That Few Registration Statutes Require Consent to Jurisdiction And Suit

Mallory v. Norfolk S. Ry. Co., 2023 U.S. LEXIS 2786, 2023 WL 4187749 (U.S. June 27, 2023) (5-4 opinion) Justices
Mallory v. Norfolk S. Ry. Co., 2023 U.S. LEXIS 2786, 2023 WL 4187749 (U.S. June 27, 2023) (5-4 opinion) Justices Thomas, Alito, Sotomayor, and Jackson joined with respect to Parts I and III-B. Justices Thomas,…
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Supreme Court: RICO – Domestic Injury Determined Contextually — Court Considers All Case-Specific Facts Bearing — Domestic Injury Exists When The Circumstances Surrounding The Injury Indicate It Arose In The United States — Issue Is Not Merely Where The Injury Is Felt — Other Factors: Whether Racketeering Activity Occurred in the United States, Whether Racketeering Activity That Occurred Abroad Was Initiated In Or Directed Toward The United States

Yegiazaryan v. Smagin, 2023 U.S. LEXIS 2635, 2023 WL 4110234 (U.S. June 22, 2023): Respondent Vitaly Smagin holds a multimillion dollar California judgment against petitioner Ashot Yegiazaryan, who lives in California. Smagin, who ...
Yegiazaryan v. Smagin, 2023 U.S. LEXIS 2635, 2023 WL 4110234 (U.S. June 22, 2023): Respondent Vitaly Smagin holds a multimillion dollar California judgment against petitioner Ashot Yegiazaryan, who lives in California. Smagin, who resides in Russia, filed suit in…
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Supreme Court: Federal Arbitration Act – U.S. District Court Must Stay Its Proceedings While An Interlocutory Appeal On Arbitrability Is Pending

Coinbase, Inc. v. Bielski, 2023 U.S. LEXIS 2636 (U.S. June 23, 2023): When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. See
Coinbase, Inc. v. Bielski, 2023 U.S. LEXIS 2636 (U.S. June 23, 2023): When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. See 9 U. S. C. …
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Affirmative Defense Properly Considered On Dismissal Motion If It Is Clear From The Face Of The Complaint And Matters Of Which The Court May Take Judicial Notice That The Claim Is Barred As A Matter Of Law

Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgm ...
Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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Claims Or Defenses Not Defended In Opposition To Dispositive Motion Are Abandoned — No Abuse Of Discretion To Deny Leave To Amend Where Request Is Conclusory And Requested Only In Brief

Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of ...
Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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RICO: Because Cannabis Is Illegal Under Federal Law, Damage To It Is Not Injury To Business Or Property Within 18 USC 1964(c)

Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is w ...
Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is whether Appellants, a cannabis entrepreneur and two cannabis businesses, have standing to bring claims arising pursuant to the Racketeer Influenced and Corrupt Organizations Act…
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Rule 16(f) And 37(b)(2)(A) Sanctions: Fifth Circuit Factors For (i) Case-Ending Sanctions, (ii) 37(b)(2) Sanctions Generally, (iii) Expert Exclusion And (iv) Failure To Designate Or Disclose Witness Testimony — Preclusion, Including Exclusion Of Experts, Is Not As Drastic As Dismissal or Default — The Fact That Preclusion May Have The Legal Consequence Of Dismissal Does Not Affect The Appropriateness Of The Sanction — If Preclusion Is An Appropriate Sanction, It Is Unlikely to Be Reversed Even If It Results In Dismissal

Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:*
Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:* *   This opinion is not designated for publication. See 5TH CIR. R. 47.5.   *1…
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Recent Posts

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

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

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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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