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

Ponzi Schemes — Rising Tide vs. Net Loss Method of Allocating Recovered Assets — Reinvestment (in the Scheme) Wrinkle — Bankruptcy Methodology and Fraudulent Conveyance Issues

SEC v. Huber, 2012 U.S. App. LEXIS 24547 (7th Cir. Nov. 29, 2012): William Huber operated a Ponzi scheme in which 118 investors lost a total of $22.6 million. He had told his investors--mainly friends and acquaintances, who trusted him--that he administered three investment funds, using a computer trading model. He had started the funds ...
SEC v. Huber, 2012 U.S. App. LEXIS 24547 (7th Cir. Nov. 29, 2012): William Huber operated a Ponzi scheme in which 118 investors lost a total of $22.6 million. He had told his investors–mainly friends and acquaintances, who trusted him–that…
Continue Reading

Existence of Circuit Split on Meaning Does Not Itself Establish That Statutory Text Is Ambiguous

Cuellar De Osorio v. Napalitano, 695 F.3d 1003 (9th Cir. 2012): The existence of a circuit split does not itself establish ambiguity in the text of the CSPA [Child Status Protection Act]. See, e.g., Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350, 182 L. Ed. 2d 341 (2012) (holding that § 906(c) of the Longshore and Harbo ...
Cuellar De Osorio v. Napalitano, 695 F.3d 1003 (9th Cir. 2012): The existence of a circuit split does not itself establish ambiguity in the text of the CSPA [Child Status Protection Act]. See, e.g., Roberts v. Sea-Land Servs., Inc., 132…
Continue Reading

Six Months’ of Litigation Insufficient to Forfeit Right to Arbitrate, with Decent Excuse — How Little Is Required to Prove “Interstate Commerce” Triggering FAA — State Choice of Law Clause Does Not Trump FAA

Rota-McLarty v. Santander Consumer USA, Inc., 2012 U.S. App. LEXIS 24447 (4th Cir Nov. 28, 2012): Rota-McLarty filed a putative class action in state court against Santander on March 9, 2010, alleging violations of various Maryland consumer protection laws for undisclosed finance charges and other unfair business practices. On April 13 ...
Rota-McLarty v. Santander Consumer USA, Inc., 2012 U.S. App. LEXIS 24447 (4th Cir Nov. 28, 2012): Rota-McLarty filed a putative class action in state court against Santander on March 9, 2010, alleging violations of various Maryland consumer protection laws for…
Continue Reading

Securities — True Statements About Statistical Results Are Not False or Misleading Simply Because the Methodology Producing Them Was Not the Best or Most Accepted

In re Rigel Pharm., Inc. Secs. Litig., 697 F.3d 869 (9th Cir. 2012): Neither the Supreme Court nor this court has addressed the question of whether statements concerning statistical results of a clinical trial may be considered false or misleading under Rule 10b-5 because the statistical methodology that produced those results was n ...
In re Rigel Pharm., Inc. Secs. Litig., 697 F.3d 869 (9th Cir. 2012): Neither the Supreme Court nor this court has addressed the question of whether statements concerning statistical results of a clinical trial may be considered false or misleading…
Continue Reading

Sanctions Reversed Where Inference of Bad Faith Drawn in Part from Conduct of Others — “[O]nly Conduct Explicitly Referred to in the Instrument Providing Notice Is Sanctionable”

Cameron Int’l Trading Co. v. Hawk Importers, Inc., 2012 U.S. App. LEXIS 22294 (2d Cir. Oct. 25, 2012): Movants J. Curtis Edmondson and Scott D. Frendel (collectively "movants"), defendants' counsel in this matter, appeal from a January 18, 2011, memorandum and order finding that they violated Federal Rule of Civil Procedure 11(b) an ...
Cameron Int’l Trading Co. v. Hawk Importers, Inc., 2012 U.S. App. LEXIS 22294 (2d Cir. Oct. 25, 2012): Movants J. Curtis Edmondson and Scott D. Frendel (collectively “movants”), defendants’ counsel in this matter, appeal from a January 18, 2011, memorandum…
Continue Reading

Wilton Abstention — Although Court Has Discretion to Abstain If Federal Plaintiff Seeks Only Declaratory Relief, There Is a 5-Way Circuit Split If Complaint Seeks Both Coercive (Damages, Injunction) and Declaratory Relief

Rolon v. Univision TV Group, Inc., 2012 U.S. Dist. LEXIS 141019 (D. P.R. Sept 27, 2012): Univision also argues that this Court has discretion to abstain under Wilton v. Seven Falls, 515 U.S. 277 (1995), because Plaintiffs request declaratory relief. While this would be true if Plaintiffs had only requested declaratory relief, the fact t ...
Rolon v. Univision TV Group, Inc., 2012 U.S. Dist. LEXIS 141019 (D. P.R. Sept 27, 2012): Univision also argues that this Court has discretion to abstain under Wilton v. Seven Falls, 515 U.S. 277 (1995), because Plaintiffs request declaratory relief.…
Continue Reading

Imposition of Vexatious Litigant Sanctions in Prior Case, and Earlier Judge’s Warning That Future Harassing Litigation Would Be Sanctioned, Does Not Excuse Lack of Notice Before Imposing Sanctions for New Conduct in New Case — Due Process Denied

Truong v. Nguyen, 2012 U.S. App. LEXIS 23827 (2d Cir. Nov. 20, 2012) (note: citation subject to change when headnotes added by LEXIS): Here, the district court did not provide adequate notice to Truong prior to imposing either leave-to-file or financial sanctions, as it did not inform him, in the present proceeding, that it was c ...
Truong v. Nguyen, 2012 U.S. App. LEXIS 23827 (2d Cir. Nov. 20, 2012) (note: citation subject to change when headnotes added by LEXIS): Here, the district court did not provide adequate notice to Truong prior to imposing either leave-to-file or…
Continue Reading

Work Product Protects Consulting Expert Even If Investigation in Part for Business Reasons “Unless the Documents Would Have Been Created in Essentially Similar Form Irrespective of the Litigation” — Factors Weighing Against Discovery

Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC, 2012 U.S. Dist. LEXIS 165334 (N.D. Ga. Nov. 20, 2012): B. Dual Purpose: Anticipation of Litigation vs. Ordinary Course of Business Pike asserts that the documents at issue here, i.e. communications with and reports prepared by consulting experts, were prepared "i ...
Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC, 2012 U.S. Dist. LEXIS 165334 (N.D. Ga. Nov. 20, 2012): B. Dual Purpose: Anticipation of Litigation vs. Ordinary Course of Business Pike asserts that the documents at issue here, i.e. communications…
Continue Reading

“Actual and Ascertainable Damages” Required to State Legal Malpractice Claim in New York

Campbell v. Planet Asef Realty, 35 Misc. 3d 131A, 951 N.Y.S.2d 85, 2012 N.Y. Misc. LEXIS 1807 (App. Term 2d Dept. 2012): To prevail in an action for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal professi ...
Campbell v. Planet Asef Realty, 35 Misc. 3d 131A, 951 N.Y.S.2d 85, 2012 N.Y. Misc. LEXIS 1807 (App. Term 2d Dept. 2012): To prevail in an action for legal malpractice, a plaintiff must establish that the defendant attorney failed to…
Continue Reading

Expert Whose Report Is Attached to and Incorporated in Earlier Iteration of Complaint Is Subject to Deposition Even If Not Identified as Testifying Expert

In re iPhone, iPad App. Consumer Privacy Litig., 2012 U.S. Dist. LEXIS 166711 (N.D. Cal. Nov. 21, 2012): In this multi-district consolidated class action suit, Plaintiffs Isabella and Alejandro Capiro ("Capiros") seek a protective order to prevent Defendant Apple, Inc. ("Apple") from deposing Samy Kamkar ("Kamkar"), an "independent secu ...
In re iPhone, iPad App. Consumer Privacy Litig., 2012 U.S. Dist. LEXIS 166711 (N.D. Cal. Nov. 21, 2012): In this multi-district consolidated class action suit, Plaintiffs Isabella and Alejandro Capiro (“Capiros”) seek a protective order to prevent Defendant Apple, Inc.…
Continue Reading
Previous291292293294295296297Next

Recent Posts

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

Archives
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.

New York Office

© 2024 Joseph Hage Aaronson LLC  
Disclaimer | Attorney Advertising Notice | Legal Notice