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

Order Stating that Counsel’s Conduct Warranted Rule 11 Sanctions but Expressly Declining to Impose Any Is Not Appealable

Omega Claims Solutions, Inc. v. N’Site Solutions, Inc., 2011 U.S. App. LEXIS 23282 (5th Cir. Nov. 18, 2011): At the end of that order [confirming an arbitration award], the district court stated about Omega's counsel, Scott Rothenberg: As a final matter, and for the reasons discussed above, Omega has forced N'S ...
Omega Claims Solutions, Inc. v. N’Site Solutions, Inc., 2011 U.S. App. LEXIS 23282 (5th Cir. Nov. 18, 2011): At the end of that order [confirming an arbitration award], the district court stated about Omega’s counsel, Scott Rothenberg: As a final…
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Reconsideration under Rule 60(b)(1) — Circuit Split as to When Mistake, Inadvertence, Surprise or Excusable Neglect by the Court Itself Permits Relief from Judgment

Peak v. Ellis, 2011 Bankr. LEXIS 4322 (9th Cir. BAP Aug. 1, 2011): Peaks contend the bankruptcy court abused its discretion in denying their Motion to Reconsider because it clearly erred by not considering less drastic sanctions, citing FRCP 60(b)(1). While the circuits are split, the Ninth Circuit permits FRCP 60(b)(1) relief from j ...
Peak v. Ellis, 2011 Bankr. LEXIS 4322 (9th Cir. BAP Aug. 1, 2011): Peaks contend the bankruptcy court abused its discretion in denying their Motion to Reconsider because it clearly erred by not considering less drastic sanctions, citing FRCP 60(b)(1).…
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Does Copyright Protection Extend to All Forms of Printed Expression? Case Law Split (Halloween Opinion)

From Liberty Media Holdings, LLC v. Swarm Sharing Has File, 2011 U.S. Dist. LEXIS 125512 (D. Mass. Oct. 31, 2011) (Young, J.): It is undisputed that Liberty Media is a distributor of lawful, albeit hardcore, pornography, and the Motion Picture is itself hardcore pornography. Notably, it is a matter of first impression in the First Ci ...
From Liberty Media Holdings, LLC v. Swarm Sharing Has File, 2011 U.S. Dist. LEXIS 125512 (D. Mass. Oct. 31, 2011) (Young, J.): It is undisputed that Liberty Media is a distributor of lawful, albeit hardcore, pornography, and the Motion Picture…
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Ghostwriting Papers for Pro Se Litigants Does Not Violate Ethical Rules — And Probably Not Rule 11

In re Liu, 2011 U.S. App. LEXIS 23326 (2d Cir. Nov. 22, 2011): This Court's Committee on Attorney Admissions and Grievances ("the Committee") has recommended that Fengling Liu, an attorney admitted to the bar of this Court, be publicly reprimanded. *** In its report, the Committee concluded that there was clear and convincing evid ...
In re Liu, 2011 U.S. App. LEXIS 23326 (2d Cir. Nov. 22, 2011): This Court’s Committee on Attorney Admissions and Grievances (“the Committee”) has recommended that Fengling Liu, an attorney admitted to the bar of this Court, be publicly reprimanded.…
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Fraudulent Joinder — Circuit Splits — “Fraudulent Joinder Has All the Clarity One Would Expect from a Legal Rule Fashioned Entirely from Judges’ Imaginations”

Murriel Don Coal Co. v. Aspen Ins. UK Ltd., 790 F. Supp. 2d 590 (E.D. Ky. 2011): Admittedly, at the heart of fraudulent joinder is an understandable impulse: Plaintiffs should not be able to play games with federal jurisdiction. If a Kentucky plaintiff sues a New York insurance company, he should not be able to tether the case to state ...
Murriel Don Coal Co. v. Aspen Ins. UK Ltd., 790 F. Supp. 2d 590 (E.D. Ky. 2011): Admittedly, at the heart of fraudulent joinder is an understandable impulse: Plaintiffs should not be able to play games with federal jurisdiction. If…
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Turning in Laptop at End of Employment without Claiming Privilege as to Contents Effects Waiver — Senior Executive Charged with Knowledge of Employment Handbook Stating Emails “Are Not Private”

Aventa Learning, Inc. v. K12, Inc., 2011 U.S. Dist. LEXIS 129928 (W.D. Wash. Nov. 8, 2011): Plaintiff Aventa Learning, Inc. ("Aventa") is a Washington corporation founded in 2002 by Mr. Axtman and Mr. Benitez. *** Aventa assists schools in bringing their educational curricula online. *** KCDL is a provider of distance learning progr ...
Aventa Learning, Inc. v. K12, Inc., 2011 U.S. Dist. LEXIS 129928 (W.D. Wash. Nov. 8, 2011): Plaintiff Aventa Learning, Inc. (“Aventa”) is a Washington corporation founded in 2002 by Mr. Axtman and Mr. Benitez. *** Aventa assists schools in bringing…
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Circuit Split as to Whether Failure to Provide 55(b)(2) Notice Renders a Default Judgment Void vs. Voidable — Factors Counseling against Opening Up Default

Green v. Johnson Richards & Co., 2011 U.S. Dist. LEXIS 127181 (M.D. La. Oct. 11, 2011): This matter is before the Court on the Motion to Set Aside and Vacate Default Judgment Pursuant to Fed. R. Civ. P. 60(b)(4) and 60(b)(6) *** On July 30, 2003, plaintiffs filed a "Motion for Entry of Default Pursuant to Rule 55(A) of the Federa ...
Green v. Johnson Richards & Co., 2011 U.S. Dist. LEXIS 127181 (M.D. La. Oct. 11, 2011): This matter is before the Court on the Motion to Set Aside and Vacate Default Judgment Pursuant to Fed. R. Civ. P. 60(b)(4) and…
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RICO Teleconference on December 6, 2011 — Differences between Federal and State RICO Statutes and Litigation

On Tuesday, December 6, 2011, from 1 - 2 p.m. EST, the ABA Antitrust Law Section will be hosting a teleconference seminar on the salient differences between federal and state RICO statutes and litigation. The featured speaker is John Floyd, the nation's leading expert on state RICO statutes and litigation (the second edition of his RICO State by State, A Guide t ...
On Tuesday, December 6, 2011, from 1 – 2 p.m. EST, the ABA Antitrust Law Section will be hosting a teleconference seminar on the salient differences between federal and state RICO statutes and litigation. The featured speaker is John Floyd,…
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While District Court May Not Bar Party from Filing a Motion, It May Construe a Detailed Premotion Letter as a Motion and Act on It, without Affording Opportunity to File Additional Papers

Best Payphones, Inc. v. Manhattan Telecommc’ns Corp., 2011 U.S. App. LEXIS 23528 (2d Cir. Nov. 23, 2011): ***Best's proposed motion [for § 1927 sanctions] lacked merit. In its Pre-motion Letter, Best argued that MetTel's statements were irreconcilable or inconsistent with the record. In fact, the claims and arguments to which Best ob ...
Best Payphones, Inc. v. Manhattan Telecommc’ns Corp., 2011 U.S. App. LEXIS 23528 (2d Cir. Nov. 23, 2011): ***Best’s proposed motion [for § 1927 sanctions] lacked merit. In its Pre-motion Letter, Best argued that MetTel’s statements were irreconcilable or inconsistent with…
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Attorney’s Call to Represented Party to Obtain Information to Effect Service Does Not Warrant Disqualification, But It Is Improper for Attorney to Rely on Anything Else Said on the Call

Ortiz v. Green Bull, Inc., 2011 U.S. Dist. LEXIS 131600 (E.D.N.Y. Nov. 14, 2011)L Presently before the Court is a motion by Werner to seal the record and for other relief based on ... an alleged violation of the New York Rules of Professional Conduct by counsel for the Plaintiff, Mark Panzavecchia based on a telephone conversation betw ...
Ortiz v. Green Bull, Inc., 2011 U.S. Dist. LEXIS 131600 (E.D.N.Y. Nov. 14, 2011)L Presently before the Court is a motion by Werner to seal the record and for other relief based on … an alleged violation of the New…
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Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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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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