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: No Appellate Jurisdiction Until Amount of Sanction Is Set — No Final Order Exists Until Then

Sanctions: No Appellate Jurisdiction Until Amount of Sanction Is Set United States v. Carter, 2019 WL 8231644 (10th Cir. Dec. 5, 2019): ORDER *1 Appellants in these related appeals are Assistant United States Attorneys (AUSAs) working in the District of Kansas. Following receipt of their docketing statements and review of the di ...
Sanctions: No Appellate Jurisdiction Until Amount of Sanction Is Set United States v. Carter, 2019 WL 8231644 (10th Cir. Dec. 5, 2019): ORDER *1 Appellants in these related appeals are Assistant United States Attorneys (AUSAs) working in the District of…
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Sanctions: Rule 11 Requires Substantiation, §1927 Bars Waste of Judicial Resources, Multiplication of Proceedings & Causing Unfair Delay, Inherent Power Bars Pursuing Claim to Harass — Persisting in Arg in Face of Contrary Reg & Case Law Violates All 3

 Collar v. Abalux, Inc., 2020 U.S. App. LEXIS 9967, 2020 WL 1528072 (11th Cir. March 31, 2020) (unpublished): PER CURIAM: *1 K. David Kelly, an attorney, appeals a sanction against ...
Collar v. Abalux, Inc., 2020 U.S. App. LEXIS 9967, 2020 WL 1528072 (11th Cir. March 31, 2020) (unpublished): PER CURIAM: *1 K. David Kelly, an attorney, appeals a sanction against him and his law firm, J.H. Zidell, P.A., for…
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Procedural Due Process Requires Notice of Grounds For, And Potential Types Of, Sanctions — Abuse of Discretion to Impose Inherent Power Sanction Requiring Warning Paragraph On First Page Of Complaint Without Notice

Malem Med., Ltd. v. Theos Med. Sys., Inc., 2020 WL 1028062 (9th Cir. Mar. 3, 2020) (unpublished): MEMORANDUM** *1 Appellants Theos Medical Systems, Inc. and Saket Bhatia (collectively “Theos”) appeal the district court’s order requiring Theos ...
Malem Med., Ltd. v. Theos Med. Sys., Inc., 2020 WL 1028062 (9th Cir. Mar. 3, 2020) (unpublished): MEMORANDUM** *1 Appellants Theos Medical Systems, Inc. and Saket Bhatia (collectively “Theos”) appeal the district court’s order requiring Theos to include a …
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Party’s Social Media Account = 801(d)(2) Admission If Authenticated — Evidence That Account Holder Used Name Based on Party’s & Sent Messages to Party’s Friend, Plus Photos of Party on Page, Suffice

 State v. Durr, 2020 Ariz. App. Unpub. LEXIS 127 (Ariz. Ct. App. Feb. 6, 2020) (unpublished):P1 Devar Antonio Durr appeals from his convictions and sentences for armed robbery, kidnapping, aggravated assault, and first-degree b ...
State v. Durr, 2020 Ariz. App. Unpub. LEXIS 127 (Ariz. Ct. App. Feb. 6, 2020) (unpublished):P1 Devar Antonio Durr appeals from his convictions and sentences for armed robbery, kidnapping, aggravated assault, and first-degree burglary. Durr contends that the superior court…
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While Statute of Limitations May Be Raised on 12(b)(6), Complaint Needn’t Plead Around It — Burden on Def. — Rule 3.7 Disqualification (Advocate-Witness) Generally Triggered by Jury — Issue Is Trial Taint, Necessity of Testimony — Rule Violation

 Hirsch v. Rehs Galleries, 2020 U.S. Dist. LEXIS 32926 (S.D.N.Y. Feb. 26, 2020): Plaintiff Steven Hirsch ("Plaintiff") brings this action against Defendant Rehs Galleries, Inc. ("Defendant&quo ...
Hirsch v. Rehs Galleries, 2020 U.S. Dist. LEXIS 32926 (S.D.N.Y. Feb. 26, 2020): Plaintiff Steven Hirsch ("Plaintiff") brings this action against Defendant Rehs Galleries, Inc. ("Defendant"), asserting claims under the Copyright Act, 17 U.S.C. § 101, et seq., including…
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Unauthenticated LinkedIn Profile Excluded on Summary Judgment Motion in California State Court When Offered to Contradict Putative Account Holder’s Declaration

 Gambino v. Warner Bros. Pictures, 2020 Cal. App. Unpub. LEXIS 643 (Cal. Ct. App. Jan. 29, 2020) (unpublished): INTRODUCTION Plaintiff and appellant Giovanni Gambino appeals from the ...
Gambino v. Warner Bros. Pictures, 2020 Cal. App. Unpub. LEXIS 643 (Cal. Ct. App. Jan. 29, 2020) (unpublished): INTRODUCTION Plaintiff and appellant Giovanni Gambino appeals from the trial court's grant of summary judgment in favor of Warner Bros. Pictures (Warner…
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RICO: Almost Unanimous Case Law Holds Concealment of Assets in Divorce ≠ Pattern of Racketeering — Single Scheme with Single Victim over Limited Time Insufficient — RICO = Lit. Equivalent of Thermonuclear Device (Recycling Good Quote)

Bachi-Reffitt v. Reffitt, 2020 U.S. App. LEXIS 3813 (6th Cir. Feb. 4, 2020) (unpublished): Kevin Reffitt and Dawn Bachi-Reffitt had been married for almost 20 years, and actively engaged in divorce pr ...
Bachi-Reffitt v. Reffitt, 2020 U.S. App. LEXIS 3813 (6th Cir. Feb. 4, 2020) (unpublished): Kevin Reffitt and Dawn Bachi-Reffitt had been married for almost 20 years, and actively engaged in divorce proceedings for over a year, when they finalized their …
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Inherent Power Sanctions Require Specific Finding of Bad Faith Or Willful, Deliberate Disobedience of Court Order — Finding of Recklessness or Bad Faith Essential — Ignoring Court Order after Retention Ends, Without More, Does Not Suffice

Edwards v. Alameda-Contra Costa Transit Dist., 2020 WL 1131260 (9th Cir. Mar. 9, 2020) (unpublished): MEMORANDUM* *1 Appellant Darion Edwards appeals the district court’s imposition of sanctions against his attorney, Mr. Na’il Benjamin, pursuant to its
Edwards v. Alameda-Contra Costa Transit Dist., 2020 WL 1131260 (9th Cir. Mar. 9, 2020) (unpublished): MEMORANDUM* *1 Appellant Darion Edwards appeals the district court’s imposition of sanctions against his attorney, Mr. Na’il Benjamin, pursuant to its inherent authority and 28 …
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Experts: District Court Must Apply Rule 702 and Daubert in Bench Trials — While Court Retains Latitude to Decide How to Do So, Must Choose among Reasonable Alternatives, Can’t Abandon Gatekeeping Function

 UGI Sunbury LLC v. A Permanent Easement for 1.7575 Acres, 2020 U.S. App. LEXIS 4192 (3d Cir. Feb. 11, 2020): "An intelligent evaluation of facts is often difficult or impossible without the application ...
UGI Sunbury LLC v. A Permanent Easement for 1.7575 Acres, 2020 U.S. App. LEXIS 4192 (3d Cir. Feb. 11, 2020): "An intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized…
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Hague Service Convention Likely Limited to Service of Process (Defined) — Does Not Apply to Service of Notice of Hearing on Confirmation of Reorganization Plan

 Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 792 Fed. Appx. 99 (2d Cir. 2019) (unpublished):  [*101]  SUMMARY ORDER UPON DUE CON ...
Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 792 Fed. Appx. 99 (2d Cir. 2019) (unpublished):  [*101]  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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Recent Posts

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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