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

Inadmissibility of Bankruptcy Examiner’s Report

In re Refco Inc. Secs. Litig., (Krys v. Sugrue), No. 07-MD-1902 (S.D.N.Y. Mar. 11, 2013) (Report and Recommendation of Special Master Daniel J. Capra): [A] Bankruptcy Examiner’s report is hearsay when offered, as here, to prove the truth of the facts and conclusions propounded in it. And courts routinely find that there is no hear ...
In re Refco Inc. Secs. Litig., (Krys v. Sugrue), No. 07-MD-1902 (S.D.N.Y. Mar. 11, 2013) (Report and Recommendation of Special Master Daniel J. Capra): [A] Bankruptcy Examiner’s report is hearsay when offered, as here, to prove the truth of the…
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Admissibility of Privilege Logs

Siemens v. Seagate Technology, 2009 U.S. Dist. LEXIS 132522 (C.D. Cal. April 27, 2009): a. Admissibility of the Privilege Logs In conjunction with its argument regarding the joint invention of Parkin and Heim, Siemens argues that the Court erred in admitting the IBM privilege logs (Tr. Exhibits 756 and 757) over Siemens ...
Siemens v. Seagate Technology, 2009 U.S. Dist. LEXIS 132522 (C.D. Cal. April 27, 2009): a. Admissibility of the Privilege Logs In conjunction with its argument regarding the joint invention of Parkin and Heim, Siemens argues that the Court erred in…
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Expert Discovery — Notes, Outlines, Lists, Letters, Emails, and Memoranda Prepared by Expert or Non-Attorney Concerning Draft Report Are Not Protected under 2010 Amendments

Republic of Ecuador v. Bjorkman, 2013 U.S. Dist. LEXIS 909 (D. Colo. Jan. 3, 2013): Respondents contend that, following the December 7, 2012 production, they continue to withhold (1) outlines of draft reports; (2) memoranda addressed to or from an attorney; (3) email communications copying an attorney but addressing that attorney direct ...
Republic of Ecuador v. Bjorkman, 2013 U.S. Dist. LEXIS 909 (D. Colo. Jan. 3, 2013): Respondents contend that, following the December 7, 2012 production, they continue to withhold (1) outlines of draft reports; (2) memoranda addressed to or from an…
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Is an Appeal Bond Limited to the Costs Enumerated in Fed.R.App.P. 39(e) or May It Include Attorneys’ Fees? — Circuit Split — Factors in Determining Whether Appeal Bond Is Needed

Heekin v. Anthem, Inc., 2013 U.S. Dist. LEXIS 26700 (S.D. Ind. Feb. 27, 2013): Federal Rule of Appellate Procedure 7 states: "In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal." Rule 7 exists to protect the rights of ...
Heekin v. Anthem, Inc., 2013 U.S. Dist. LEXIS 26700 (S.D. Ind. Feb. 27, 2013): Federal Rule of Appellate Procedure 7 states: “In a civil case, the district court may require an appellant to file a bond or provide other security…
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Psychotherapist-Patient Privilege, Like Attorney-Client Privilege, Survives Death of Privilege Holder

Awalt v. Marketti, 287 F.R.D. 409 (N.D. Ill. 2012): A threshold issue of whether Mrs. Awalt can assert the psychotherapist-patient privilege on behalf of her deceased husband arises. Whether the psychotherapist-patient privilege survives the death of the patient, or is otherwise affected by the patient's death, is a matter that has not ...
Awalt v. Marketti, 287 F.R.D. 409 (N.D. Ill. 2012): A threshold issue of whether Mrs. Awalt can assert the psychotherapist-patient privilege on behalf of her deceased husband arises. Whether the psychotherapist-patient privilege survives the death of the patient, or is…
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Securities — Materiality Need Not Be Proved at Class Certification Stage — Judicial Admissions in Pleadings, Pretrial Orders and Stipulations Are Conclusively Binding

Amgen Inc. v. Conn. Retirement Plans & Trust Funds, 2013 U.S. LEXIS 1862 (U.S. Feb. 27, 2013): The issue presented concerns the requirement stated in Rule 23(b)(3) that "the questions of law or fact common to class members predominate over any questions affecting only individual members." Amgen contends that to meet the predominance req ...
Amgen Inc. v. Conn. Retirement Plans & Trust Funds, 2013 U.S. LEXIS 1862 (U.S. Feb. 27, 2013): The issue presented concerns the requirement stated in Rule 23(b)(3) that “the questions of law or fact common to class members predominate over…
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Dismissal Sanction — Third Circuit’s Six-Factor Test That Must Be Applied before Dismissing a Case Is Inapplicable after Trial and Verdict — But Dismissal Still Sanction of Last Resort

Knoll v. City of Allentown, 2013 U.S. App. LEXIS 3647 (3d Cir. Feb. 21, 2013): In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984), we held that a district court must consider six factors before it may dismiss a case as a sanction before trial on the merits. This appeal requires us to decide whether Poulis applies i ...
Knoll v. City of Allentown, 2013 U.S. App. LEXIS 3647 (3d Cir. Feb. 21, 2013): In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984), we held that a district court must consider six factors…
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Juridical Link Doctrine as Basis for Standing in Class Actions — Circuit Split

Reyes v. Julia Place Condominiums Homeowners Ass’n, 2013 U.S. Dist. LEXIS 15356 (E.D. La. Feb. 5, 2013): Plaintiff asserts that the Juridical Link Doctrine gives her standing to bring claims on behalf of the class against defendants from whom she has not sustained a direct injury.... The doctrine is premised on the idea that the ...
Reyes v. Julia Place Condominiums Homeowners Ass’n, 2013 U.S. Dist. LEXIS 15356 (E.D. La. Feb. 5, 2013): Plaintiff asserts that the Juridical Link Doctrine gives her standing to bring claims on behalf of the class against defendants from whom she…
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Legal Malpractice — Continuous Representation Doctrine — Post-Handoff Availability for Background Briefing of Successor Counsel by Predecessor Firm ≠ Continuous Representation

Perkins v. Am. Transit Ins. Co., 2013 U.S. Dist. LEXIS 6703 (S.D.N.Y. Jan. 15, 2013): This case is about a massive personal judgment arising out of a car accident in the Bronx that occurred well over a decade ago. The judgment debtor, Jae Jung Park ("Park"), was forced into bankruptcy as a result of the judgment, which far exceeded his ...
Perkins v. Am. Transit Ins. Co., 2013 U.S. Dist. LEXIS 6703 (S.D.N.Y. Jan. 15, 2013): This case is about a massive personal judgment arising out of a car accident in the Bronx that occurred well over a decade ago. The…
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Authentication of Facebook Messages Requires Circumstantial Evidence That the Purported Sender in Fact Was Responsible for the Message

Campbell v. State, 382 S.W.3d 545 (Tex. App. 2012): A jury convicted appellant Travis Campbell of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02 (West 2011). Pursuant to an agreement with the State regarding punishment, the trial court sentenced Campbell to four years' imprisonment. In his sole issue on appea ...
Campbell v. State, 382 S.W.3d 545 (Tex. App. 2012): A jury convicted appellant Travis Campbell of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02 (West 2011). Pursuant to an agreement with the State regarding punishment,…
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Recent Posts

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)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

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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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