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

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 Appx. 99 (2d Cir. 2019) (unpublished):  [*101]  SUMMARY ORDER UPON DUE CON ...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 Appx. 99 (2d Cir. 2019) (unpublished):  [*101]  SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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Sanctions: Dismissal — Factors under Rule 37(b)(2)(A) vs. Rule 41(b) (11th Cir.) [Was Privilege Honored Here?]

 Lyle v. BASF Chemistry, Inc., 2020 U.S. App. LEXIS 3425, 2020 WL 564074 (11th Cir. Feb. 5, 2020) (unpublished): PER CURIAM: Andrea Lyle appeals the district court's dismissal with prejudice of he ...
Lyle v. BASF Chemistry, Inc., 2020 U.S. App. LEXIS 3425, 2020 WL 564074 (11th Cir. Feb. 5, 2020) (unpublished): PER CURIAM: Andrea Lyle appeals the district court's dismissal with prejudice of her complaint against BASF Chemistry, Inc. and Kelly…
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Waiver of Privilege/Work Product Reviewed for Abuse of Discretion — Per Curiam Opinion (PCO) with 3 Differing Opinions: Only PCO = Holding, Use The Marks Rule to Construe 3 Opinions — Law of the Case Doctrine & Mandate Rule (10th Cir.)

 Harte v. Bd. of Comm'rs of the Cty. of Johnson, 940 F.3d 498 (10th Cir. 2019): Although we strive to ensure that the parties, the district courts, and the public understand our decisions, sometimes we f ...
Harte v. Bd. of Comm'rs of the Cty. of Johnson, 940 F.3d 498 (10th Cir. 2019): Although we strive to ensure that the parties, the district courts, and the public understand our decisions, sometimes we falter. Plaintiffs previously appealed the…
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Copyrights: If Licensor Grants Licensee Unrestricted Right to Sublicense, Sublicense May Be Implied from Conduct Of Sublicensor & Sublicensee — Contracts: Covenants vs. Conditions & Effect of Violation on Use of License As Defense

 Photographic Illustrators Corp. v. Orgill, Inc., 2020 U.S. App. LEXIS 8099 (1st Cir. Mar. 13, 2020): In this case of first impression in the circuit courts, we hold that a copyright licensee given t ...
Photographic Illustrators Corp. v. Orgill, Inc., 2020 U.S. App. LEXIS 8099 (1st Cir. Mar. 13, 2020): In this case of first impression in the circuit courts, we hold that a copyright licensee given the unrestricted right to grant sublicenses may …
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Hospital’s YouTube Videos Aspiring to Zero Errors Irrelevant to Med Mal Unless Relied on by Pl — Court May Deny Use of R. 32(a)(3) Video Dep If Wit Available, Even Tho Rule Says Dep Can Be Used for Any Purpose (Dicta?)—What’s Relevant? (Good Quote)

 Berrios v. Mennonite Gen. Hosp., Inc., 2020 U.S. Dist. LEXIS 17329 (D.P.R. Jan. 30, 2020); BACKGROUND Pending before the Court are Plaintiff Angélica González-Berrios' ...
Berrios v. Mennonite Gen. Hosp., Inc., 2020 U.S. Dist. LEXIS 17329 (D.P.R. Jan. 30, 2020); BACKGROUND Pending before the Court are Plaintiff Angélica González-Berrios' Motion in Limine to Include and Exclude Evidence at Trial and Supplemental In Limine Request (Docket …
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Video Footage Subject to Tangible Spoliation Standards — Must Be Destroyed in Bad Faith (5th Cir.) [It isn’t ESI?]

 Crain v. City of Selma, 2020 U.S. App. LEXIS 7864 (5th Cir. Mar. 12, 2020): Alton Crain filed this lawsuit on May 3, 2016, against the City of Selma, Texas, and several of its employees ("the defendant ...
Crain v. City of Selma, 2020 U.S. App. LEXIS 7864 (5th Cir. Mar. 12, 2020): Alton Crain filed this lawsuit on May 3, 2016, against the City of Selma, Texas, and several of its employees ("the defendants"). Crain alleges that…
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Federal Court Has Personal Jurisdiction (JD) in Class Action If It Has General JD over Def. Or Specific JD Based on Named Plaintiff Alone — 23(f) Appeal OK from Any Order Functionally Equivalent to Motion Denying Certification

Mussat v. IQVIA, Inc., 2020 U.S. App. LEXIS 7560 (7th Cir. Mar. 11, 2020): Florence Mussat, an Illinois physician doing business through a professional services corporation, received two unsolicited f ...
Mussat v. IQVIA, Inc., 2020 U.S. App. LEXIS 7560 (7th Cir. Mar. 11, 2020): Florence Mussat, an Illinois physician doing business through a professional services corporation, received two unsolicited faxes from IQVIA, a Delaware corporation with its headquarters in Pennsylvania. …
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Disqualification—Advocate-Witness Rule (3.7) Is Trial-Oriented, Doesn’t Bar Pretrial Participation — Motion Timely Only after Dismissal Motions, Discovery Determine Whether Trial Will Occur & High Hurdle of Necessity of Testimony at Trial Satisfied

 Andrade v. City of Hammond, 2020 U.S. Dist. LEXIS 31042 (N.D. Ind. Feb. 24, 2020): This matter is before the Court on Plaintiff's Motion to Disqualify Certain Defense Counsel as Material Witnesses [DE 1 ...
Andrade v. City of Hammond, 2020 U.S. Dist. LEXIS 31042 (N.D. Ind. Feb. 24, 2020): This matter is before the Court on Plaintiff's Motion to Disqualify Certain Defense Counsel as Material Witnesses [DE 16] filed by Plaintiff Jose Andrade on…
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Is Legal Error, Standing Alone, Ever a Valid Basis for Relief from a Judgment under Rule 60(b)? — Circuit Split — Timing of Rule 60(b) Motion

 Centeno v. City of Fresno, 2019 U.S. Dist. LEXIS 32376 (E.D. Cal. Feb. 28, 2019): This matter is before the court on defendants' motion to amend the judgment. (Doc. No. 106.) On February 20, 2019, that ...
Centeno v. City of Fresno, 2019 U.S. Dist. LEXIS 32376 (E.D. Cal. Feb. 28, 2019): This matter is before the court on defendants' motion to amend the judgment. (Doc. No. 106.) On February 20, 2019, that motion came before the…
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Recent Posts

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

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

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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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