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 — Failure to Prove Evidence Ever Existed Precludes Sanction — Corporate “Best Practices” Do Not Represent Policy That, If Violated, Might Be Deemed Spoliative

Gomez v. Stop & Shop Supermarket Co.., 670 F.3d 395 (1st Cir. 2012): Plaintiff-appellant Armando Gomez, a Colombian national, sued defendant-appellee Stop & Shop Supermarket Co., after he slipped and fell while shopping.*** On June 19, 2007, the plaintiff entered the defendant's supermarket in North Andover, Massachusetts. While ...
Gomez v. Stop & Shop Supermarket Co.., 670 F.3d 395 (1st Cir. 2012): Plaintiff-appellant Armando Gomez, a Colombian national, sued defendant-appellee Stop & Shop Supermarket Co., after he slipped and fell while shopping.*** On June 19, 2007, the plaintiff entered…
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Notice of Appeal from Order Imposing Monetary Sanction Must be Filed within 30 Days — No “Separate Document” for Judgment Need be Entered under Rule 58 — Rule 54(d)(2)(E) Inapplicable — Nonmonetary Sanction?

Feldman v. Olin Corp., 2012 U.S. App. LEXIS 3578 (7th Cir. Feb. 23, 2012): The appellants are lawyers who represented the plaintiff in this employment discrimination case. One of the defendants, Global Brass and Copper, Inc., moved the district court for sanctions, pursuant both to Fed. R. Civ. P. 11(b) and (c)(1) and to the court's inh ...
Feldman v. Olin Corp., 2012 U.S. App. LEXIS 3578 (7th Cir. Feb. 23, 2012): The appellants are lawyers who represented the plaintiff in this employment discrimination case. One of the defendants, Global Brass and Copper, Inc., moved the district court…
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Are Experts’ Notes Discoverable Despite the 2010 Expert Witness Rule Amendments to Fed.R.Civ.P. 26?

Dongguk Univ. v. Yale Univ., 2011 WL 1935865 (D. Conn. May 19, 2011): “[A]n expert’s notes are not protected by 26(b)(4)(B) or (C), as they are neither drafts of an expert report nor communications between the party’s attorney and the expert witness. *** “However, under the work-product doctrine in Rule 26(b)(3)(B), the court mu ...
Dongguk Univ. v. Yale Univ., 2011 WL 1935865 (D. Conn. May 19, 2011): “[A]n expert’s notes are not protected by 26(b)(4)(B) or (C), as they are neither drafts of an expert report nor communications between the party’s attorney and the…
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Documents Produced after Discovery Cut-Off Date, without Judicial Permission, May Not be Relied upon by Producing Party or Its Experts

Techsavies, LLC v. WFDA Mktg., Inc., 2011 U.S. Dist. LEXIS 152833 (N.D. Cal. Feb. 23, 2012): The Pretrial Scheduling Order (Docket No. 20) also requires that "[t]hirty days prior to the close of non-expert discovery, lead counsel for each party shall serve and file a certification that all supplementation has been completed." WDFA did n ...
Techsavies, LLC v. WFDA Mktg., Inc., 2011 U.S. Dist. LEXIS 152833 (N.D. Cal. Feb. 23, 2012): The Pretrial Scheduling Order (Docket No. 20) also requires that “[t]hirty days prior to the close of non-expert discovery, lead counsel for each party…
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Internet Chat, Text and Instant Messages — Authentication, Best Evidence and Rule-of-Completeness Issues

United States v. Lanzon, 639 F.3d 1293 (11th Cir. 2011): On September 8, 2005, Detective George Clifton, a member of the Miami-Dade Police Department's Sexual Crimes Bureau, signed online using the undercover persona "Tom." Detective Clifton created an AOL profile for "Tom" that described him as a male living with his girlfriend and hi ...
United States v. Lanzon, 639 F.3d 1293 (11th Cir. 2011): On September 8, 2005, Detective George Clifton, a member of the Miami-Dade Police Department’s Sexual Crimes Bureau, signed online using the undercover persona “Tom.” Detective Clifton created an AOL profile…
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RICO — Corporate Defendant Is Not Distinct from Wholly-Owned Subsidiary Where Latter Is the Alleged Enterprise, Absent Allegations of Functional Separation between the Two

ISystems v. Spark Networks, Ltd., 2012 U.S. App. LEXIS 6197 (5th Cir. Mar. 21, 2012): Spark Networks, the owner of the "jdate.com" web domain, won the rights to ISystems's "jdate.net" domain name in arbitration. ISystems then brought suit against Spark Networks ... for civil damages under the Racketeer Influenced and Corrupt Organizatio ...
ISystems v. Spark Networks, Ltd., 2012 U.S. App. LEXIS 6197 (5th Cir. Mar. 21, 2012): Spark Networks, the owner of the “jdate.com” web domain, won the rights to ISystems’s “jdate.net” domain name in arbitration. ISystems then brought suit against Spark…
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Anti-Suit Injunction Barring Pursuit of Foreign Lawsuit — Circuit Split as to Standards — Comity Defined

H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 2012 U.S. Dist. LEXIS 14277 (E.D. Wis. Feb. 7, 2012): On January 24, 2012, plaintiffs filed an emergency motion in this court for a preliminary anti-suit injunction asking that I order defendant to dismiss the Greek lawsuit. It is well settled that I have the power to order person ...
H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 2012 U.S. Dist. LEXIS 14277 (E.D. Wis. Feb. 7, 2012): On January 24, 2012, plaintiffs filed an emergency motion in this court for a preliminary anti-suit injunction asking that I order…
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Spoliation by Defendant Does Not Preclude Summary Judgment for Defendant Where Subject Matter of Spoliated Evidence Is Conceded, Notwithstanding Grant of Adverse Inference Sanction

Canton v. Kmart Corp., 2012 U.S. App. LEXIS 6372 (3d Cir. Mar. 29, 2012): Appellant Patrice Canton ("Canton") appeals the District Court's February 12, 2010 Order granting Appellee's ("Kmart") motion for summary judgment. Canton filed a personal injury action against Kmart to recover economic damages resulting from her physical injur ...
Canton v. Kmart Corp., 2012 U.S. App. LEXIS 6372 (3d Cir. Mar. 29, 2012): Appellant Patrice Canton (“Canton”) appeals the District Court’s February 12, 2010 Order granting Appellee’s (“Kmart”) motion for summary judgment. Canton filed a personal injury action against…
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Federal Court May Issue Sanctions under State Law for Sanctionable Acts In a State Court Action That Is Later Removed to Federal Court

Doss v. NPC Int’l, Inc., 2012 U.S. App. LEXIS 2762 (5th Cir. Feb. 10, 2012): The magistrate judge ... imposed sua sponte sanctions against the appellants' attorneys for filing the five lawsuits [in state court arising out of the same incident] because the lawsuits "needlessly increase[d] the cost of litigation" in contravention of Fed ...
Doss v. NPC Int’l, Inc., 2012 U.S. App. LEXIS 2762 (5th Cir. Feb. 10, 2012): The magistrate judge … imposed sua sponte sanctions against the appellants’ attorneys for filing the five lawsuits [in state court arising out of the same…
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Extraterritoriality of New York Law

Global Reinsurance Corp. v. Equitas Ltd., 2012 WL 995268 (N.Y. Ct. App. Mar. 27, 2012): At issue is the sufficiency and extra-territorial reach of plaintiff’s claim under New York State’s antitrust statute, commonly known as the Donnelly Act (General Business Law § 340 et seq.). Plaintiff is a New York branch of a German re ...
Global Reinsurance Corp. v. Equitas Ltd., 2012 WL 995268 (N.Y. Ct. App. Mar. 27, 2012): At issue is the sufficiency and extra-territorial reach of plaintiff’s claim under New York State’s antitrust statute, commonly known as the Donnelly Act (General Business…
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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

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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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