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

Is the Cost of Computerized Research a Recoverable Litigation Expense under Federal Fee-Shifting Statutes, or a Part of Overhead? Circuit Split

In re McKenzie, 2011 Bankr. LEXIS 5265 (Bankr. E.D. Tenn. Oct. 5, 2011): GKH correctly states that the Sixth Circuit Court of Appeals has not definitively ruled on whether computerized research should be considered part of attorney's fees or whether that expense should be allowed as a litigation expense that may be in addition to an awa ...
In re McKenzie, 2011 Bankr. LEXIS 5265 (Bankr. E.D. Tenn. Oct. 5, 2011): GKH correctly states that the Sixth Circuit Court of Appeals has not definitively ruled on whether computerized research should be considered part of attorney’s fees or whether…
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Intervenor Who Satisfies Rule 24(a)(2) Need Not Also Show Article III Standing in Order to Intervene as of Right — Circuit Split

NAACP, Inc. v. Dulin County, N.C., 2012 U.S. Dist. LEXIS 12513 (E.D.N.C. Feb. 3, 2012): Rule 24(a)(2) governs intervention by right, and states as follows, On timely motion, the court must permit anyone to intervene who . . . claims an interest relating to the property or transaction that is the subject of the actio ...
NAACP, Inc. v. Dulin County, N.C., 2012 U.S. Dist. LEXIS 12513 (E.D.N.C. Feb. 3, 2012): Rule 24(a)(2) governs intervention by right, and states as follows, On timely motion, the court must permit anyone to intervene who . . . claims…
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No Sanctions for Local Counsel Who Was Uninvolved in Drafting Complaint or Devising Litigation Strategy

Gallop v. Cheney, 2012 U.S. App. LEXIS 2154 (2d Cir. Feb. 2, 2012): In an order dated October 14, 2011, Gallop v. Cheney, 660 F.3d 580 (2d Cir. 2011) ("Gallop III"), this Court imposed sanctions on counsel of record to plaintiff-appellant April Gallop -- Dennis Cunningham, Mustapha Ndanusa, and William W. Veale --f or filing a frivolous ...
Gallop v. Cheney, 2012 U.S. App. LEXIS 2154 (2d Cir. Feb. 2, 2012): In an order dated October 14, 2011, Gallop v. Cheney, 660 F.3d 580 (2d Cir. 2011) (“Gallop III”), this Court imposed sanctions on counsel of record to…
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Party’s Motion for a Stay Pending a Decision in Another Case to Which It Is Not a Party Is a Motion for an Indefinite Stay — Standards for Indefinite Stay

Red River Coal Co. v. United States, 2012 U.S. Claims LEXIS 32 (Fed. Cl. Jan. 31, 2012): When determining whether to issue an indefinite stay, the Court must (1) "identify a pressing need for the stay" and (2) "balance interests favoring a stay against interests frustrated by the action." Cherokee Nation of Okla., 124 F.3d at 1 ...
Red River Coal Co. v. United States, 2012 U.S. Claims LEXIS 32 (Fed. Cl. Jan. 31, 2012): When determining whether to issue an indefinite stay, the Court must (1) “identify a pressing need for the stay” and (2) “balance interests…
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Mere Testimony or Interrogatory Answer that Party Relied on Advice of Counsel Does Not Waive Privilege as Long as No Affirmative Defense of Advice of Counsel Is Asserted

BancInsure, Inc. v. Peoples Bank of the South, 2012 U.S. Dist. LEXIS 5326 (S.D. Miss. Jan. 18, 2012): Peoples Bank does not contest specific documents identified on the privilege log. Rather, it makes a blanket argument that the attorney-client privilege is waived for all withheld documents based BancInsure's assertion of reliance on ad ...
BancInsure, Inc. v. Peoples Bank of the South, 2012 U.S. Dist. LEXIS 5326 (S.D. Miss. Jan. 18, 2012): Peoples Bank does not contest specific documents identified on the privilege log. Rather, it makes a blanket argument that the attorney-client privilege…
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Updated Article on Internet & Email Evidence (Part 1)

An updated version of Internet and Email Evidence (with additional focus on social media), as published this month in The Practical Litigator, is available here. Part 2 will be published in April. Reprinted with permission ...
An updated version of Internet and Email Evidence (with additional focus on social media), as published this month in The Practical Litigator, is available here. Part 2 will be published in April. Reprinted with permission. Subsequent note: Part 2…
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No Rule 11 Sanctions for Conduct in State Court — Injunction Void under Rule 65(d) for Vagueness and for Proscribing Lawful Acts

Blanco River, LLC v. Green, 2012 U.S. App. LEXIS 378 (5th Cir. Jan. 6, 2012): Blanco River, L.L.C., a real estate investment vehicle, is a limited liability Arizona corporation that sought to purchase and develop land bordering the Blanco River in Texas. Green was the manager of this venture, which failed. Blanco River sued Green, alleg ...
Blanco River, LLC v. Green, 2012 U.S. App. LEXIS 378 (5th Cir. Jan. 6, 2012): Blanco River, L.L.C., a real estate investment vehicle, is a limited liability Arizona corporation that sought to purchase and develop land bordering the Blanco River…
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Arbitration — Second Circuit Sets High Threshold to Overturn Award on Grounds of “Evident Partiality” — Adopts Fourth Circuit Standards — Non-Disclosure Rarely Sufficient

Scandinavian Reins. Co. v. St. Paul F&M Ins. Co., 2012 U.S. App. LEXIS 2082 (2d Cir. Feb. 3, 2012): The primary question presented on this appeal is whether the failure of two arbitrators to disclose their concurrent service as arbitrators in another, arguably similar, arbitration constitutes "evident partiality" within the meaning ...
Scandinavian Reins. Co. v. St. Paul F&M Ins. Co., 2012 U.S. App. LEXIS 2082 (2d Cir. Feb. 3, 2012): The primary question presented on this appeal is whether the failure of two arbitrators to disclose their concurrent service as arbitrators…
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RICO — Horizontal and Vertical Relatedness

United States v. Cain, 2012 U.S. App. LEXIS 1772 (2d Cir. Jan. 31, 2012): The substantive RICO provision under which the defendants were convicted makes it unlawful for "any person employed by or associated with any enterprise . . . to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a ...
United States v. Cain, 2012 U.S. App. LEXIS 1772 (2d Cir. Jan. 31, 2012): The substantive RICO provision under which the defendants were convicted makes it unlawful for “any person employed by or associated with any enterprise . . .…
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Standards for Deposing Opposing Counsel — Claim for Attorney’s Fees Does Not Open Door to Deposition

United States Liab. Ins. Co. v. Goldin Metals, Inc., 2012 U.S. Dist. LEXIS 4881 (S.D. Miss. Jan. 17, 2011): The Goldins are defendants in a related civil suit filed in the United States District Court for the Northern District of Georgia. *** The Goldins tendered defense of the NCI lawsuit to Plaintiff, United States Liability Insurance ...
United States Liab. Ins. Co. v. Goldin Metals, Inc., 2012 U.S. Dist. LEXIS 4881 (S.D. Miss. Jan. 17, 2011): The Goldins are defendants in a related civil suit filed in the United States District Court for the Northern District of…
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Recent Posts

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

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

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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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