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

Spoliation Sanctions: Rule 37(e)(2)’s Intent-To-Deprive Standard Is The Same Bad Faith Standard Historically Applied In Pre- Rule 37 Spoliation Cases And Still Applied In Cases Of Non-Electronic Spoliation — Prejudice To The Defendant Need Not Be Shown Under Rule 37(b)(2) — Even Though Litigation Hold Issued, Bad Faith Reasonable Inferred From Failing To (i) Back Up Text Messages, (ii) Educate Recipients About Litigation Hold, (iii) Collect Cell Phone Data For 7 Months, And (iv) Suspend Policy Of Wiping Data — No Affirmative Act Is Required To Sustain A Finding Of Bad Faith Based On Circumstantial Evidence, Either Under Rule 37(e) Or Bad Faith Case Law

Skanska United States Civil Se. Inc. v. Bagelheads, Inc., 2023 U.S. App. LEXIS 19942 (11th Cir. Aug. ...
Skanska United States Civil Se. Inc. v. Bagelheads, Inc., 2023 U.S. App. LEXIS 19942 (11th Cir. Aug. 2, 2023): *1 Hurricane Sally hit Pensacola Bay with a vengeance in September 2020, and 28 barges moored in the Bay were not…
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Post-Judgment Sanctions — Circuit Split: District Court Lacks Jurisdiction Over Motion for § 1927 Sanctions Made After Appellate Mandate Issues (Appears to Require Motion Prior to Filing of Notice of Appeal) — Post-Mandate Motion Can Seem Like an Ambush of a Losing Party Prepared to Accept a Loss Without a Pending Sanctions Motion — In Accord With All Circuits: District Court Retains Jurisdiction To Entertain Motion To Impose Inherent Power Sanctions Made After Mandate Issues — When a Number of Other Circuits Reject a Circuit’s Position, and No Other Circuit Accepts It, The Interest in Avoiding Inter-Circuit Conflict May Justify Abandoning The Position

Feehan v. Evers, 2023 U.S. App. LEXIS 19901 (7th Cir. Aug. 2, 2023) (unpublished) ORDER On December 1, 2020, plaintiff-appellee William Feehan filed this suit in the United States District Court for the Eastern Distr ...
Feehan v. Evers, 2023 U.S. App. LEXIS 19901 (7th Cir. Aug. 2, 2023) (unpublished) ORDER On December 1, 2020, plaintiff-appellee William Feehan filed this suit in the United States District Court for the Eastern District of Wisconsin. The complaint sought …
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Inherent Power Sanctions (Criminal Case): Punitive Sanctions Awardable Even If Some Non-Frivolous Arguments Are Combined With The Frivolous Arguments — Is Bad Faith A Prerequisite for Inherent Power Sanctions Other Than Attorney Fees? — Factors In Assessing Financial Penalties Include Ability To Pay And Likelihood That Financial Penalty Will Have Some Deterrent Effect

United States v. Akers, 2023 U.S. App. LEXIS 20142, *1 (10th Cir. Aug. 4, 2023): *1 Montgomery Akers appeals from a district court order imposing upon him a $40,000 punitive san ...
United States v. Akers, 2023 U.S. App. LEXIS 20142, *1 (10th Cir. Aug. 4, 2023): *1 Montgomery Akers appeals from a district court order imposing upon him a $40,000 punitive sanction for advancing frivolous arguments and assertions in a request …
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INHERENT POWER SANCTIONS FOR INTENTIONAL SPOLIATION OF EVIDENCE: DEFAULT JUDGMENT ON LIABILITY AND CAUSATION, PRECLUSION OF CONTRIBUTORY NEGLIGENCE DEFENSE — DETERRENCE IMPORTANT DUE TO SPOLIATOR’S “DEMONSTRATED PATTERN OF ABUSE” — DUE PROCESS SATISFIED BY OPPONENT’S MOTION, WHICH PROVIDED CLEAR NOTICE OF THE FACT SANCTION WERE UNDER CONSIDERATION, THE REASONS WHY, AND THE TYPES OF SANCTIONS BEING CONSIDERED

Anderson v. BNSF Rwy. Co., 2023 WL 4418221 (S.D. Iowa July 6, 2023): INTRODUCTION *1 In this Federal Employers’ Liability Act case, Plaintiff Bradley A. Anderson alleges he was injured when he hit his head on a sign placed too close to the railroad tracks when he was working for Defendant BNSF Railway Company. Ande ...
Anderson v. BNSF Rwy. Co., 2023 WL 4418221 (S.D. Iowa July 6, 2023): INTRODUCTION *1 In this Federal Employers’ Liability Act case, Plaintiff Bradley A. Anderson alleges he was injured when he hit his head on a sign placed too …
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Inherent Power — Do Federal Courts Have the Power to Impose Inherent Power Sanctions in Criminal Cases? — Undecided in Sixth Circuit — Vexatious Litigant Filing Restriction Requires Findings That Party Has Engaged in Repetitive, Frivolous Litigation — Federal Courts Lack Coram Nobis Jurisdiction Over a Criminal Defendant While the Defendant Is In Custody — A Deported Defendant Is Not In Custody, Even If Technically on Supervised Release, Which Typically Counts As “Custody”

United States v. Petlechkov, 2023 U.S. App. LEXIS 16349, 2023 WL 4230905 (6th Cir. June 28, 2023):
United States v. Petlechkov, 2023 U.S. App. LEXIS 16349, 2023 WL 4230905 (6th Cir. June 28, 2023):   *1 This is Dimitar Petlechkov’s third time before us. He now challenges the final forfeiture order entered in his criminal case…
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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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Recent Posts

§ 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

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

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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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