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

Social Media Authentication: Mycelium & Text Messages Set Time & Place for Meeting, Defendant Comes — Phone GPS App Used Regularly, Found Accurate — Facebook Profiles Found by Search for Phone Nos. Provided by Def. to Victim

 Scott v. State, 2020 Nev. App. Unpub. LEXIS 108 (Nev. Ct. App. Feb. 11, 2020) (unpublished): ORDER OF AFFIRMANCE James Scott appeals from a judgment of conviction entered pursuant to a jury ...
Scott v. State, 2020 Nev. App. Unpub. LEXIS 108 (Nev. Ct. App. Feb. 11, 2020) (unpublished): ORDER OF AFFIRMANCE James Scott appeals from a judgment of conviction entered pursuant to a jury verdict of conspiracy to commit robbery, robbery, and…
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Sanctions & Post-Judgment Settlement: Parties May Seek to Eliminate Monetary Aspect of Sanction under Rule 60(b)(5) (& Can Moot $ Via Release), But Court May Refuse to Erase Sanctions Ruling — Exceptional Circumstances Standard

 Banik v. Ybarra, 2020 U.S. App. LEXIS 4889 (5th Cir. Feb. 13, 2020)(unpublished): Before KING, COSTA, and HO, Circuit Judges. GREGG COSTA, Circuit Judge: * * ...
Banik v. Ybarra, 2020 U.S. App. LEXIS 4889 (5th Cir. Feb. 13, 2020)(unpublished): Before KING, COSTA, and HO, Circuit Judges. GREGG COSTA, Circuit Judge: * * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should…
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Attorney-Client Privilege Not Waived by Official Acknowledgment But Maybe by Public Reliance & Definitely by Adoption As Effective Law & Policy — Deliberative Process Privilege: Factors, Exceptions

 ACLU v. NSA, 925 F.3d 576 (2d Cir. May 30, 2019): The American people have the right to know [**3]  the laws and policies that bind our government and its agencies. At the same time, government of ...
ACLU v. NSA, 925 F.3d 576 (2d Cir. May 30, 2019): The American people have the right to know [**3]  the laws and policies that bind our government and its agencies. At the same time, government officials must be able …
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RICO Pattern: Plaintiff Can’t Fragment One Act into Many (Via Mail Fraud) to Invoke RICO — After 3 Bites at Apple, OK to Deny Leave to Amend (Good Quotes) — Appeal from Reconsideration W/ONew Facts Reviewed as Appeal from Judgment

. Biwen Liang v. Home Reno Concepts, 2020 U.S. App. LEXIS 4805 (2d Cir. Feb. 14, 2020) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGE ...
. Biwen Liang v. Home Reno Concepts, 2020 U.S. App. LEXIS 4805 (2d Cir. Feb. 14, 2020) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED.…
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Inherent Power Sanctions OK for Prelitigation Misconduct Relating to Bringing, Maintaining, or Defending the Suit, and Which Undermines Integrity of Judicial Process — Dismissal Factors (5th Cir.) — Hearing on Reconsideration Satisfies Due Process

Snider v. L-3 Commc’ns Vertex Aerospace, LLC, 2019 WL 7344908 (5th Cir. Dec. 31, 2019): *1 This suit was initiated when Courtney Paine Snider filed a complaint under Title VII of the Equal Rights Act of 1964 (Title VII)1 against L-3 Communicati ...
Snider v. L-3 Commc’ns Vertex Aerospace, LLC, 2019 WL 7344908 (5th Cir. Dec. 31, 2019): *1 This suit was initiated when Courtney Paine Snider filed a complaint under Title VII of the Equal Rights Act of 1964 (Title VII)1…
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RICO: 2 Years Necessary, Not Sufficient for Closed-End Continuity (2d Cir.); Factors — Mail, Wire Fraud “Particularly Scrutinized” (Good Quote) — 2 Types of Open-Ended: Inherently Unlawful Or Non-Conclusory Regular Way of Doing Business

 Grace Int'l Assembly of God v. Festa, 2019 U.S. App. LEXIS 38777 (2d Cir. Dec. 30, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judg ...
Grace Int'l Assembly of God v. Festa, 2019 U.S. App. LEXIS 38777 (2d Cir. Dec. 30, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Grace…
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Inherent Power Sanctions: Court Lacks Authority to Ignore Statute to Punish Executive Branch Conduct, Cannot Use Sanction to Grant or Explain Grant of Order Precluded by Statute

  Hamama v. Adducci, 2020 WL 39020 (6th Cir. Jan. 3, 2020): *1 Last time around, we held that Congress removed jurisdiction from the district courts to enter class-wide injunctions restraining the enforcement of the following immigration statutes:
Hamama v. Adducci, 2020 WL 39020 (6th Cir. Jan. 3, 2020): *1 Last time around, we held that Congress removed jurisdiction from the district courts to enter class-wide injunctions restraining the enforcement of the following immigration statutes: 8 U.S.C. §§ …
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Rooker-Feldman Applies to State-Court Loser Injured by State-Court Judgment: That Is A Narrow Situation, So Narrow The S.Ct. Has Applied It Just Twice in A Century … So Far Just to People Named Rooker or Feldman (Good Quote)

*1 A lawyer sued two lawyers, and each side hired more lawyers. Five years later, after “Stalingrad litigation” tactics, discovery sanctions, and dueling allegations of professional misconduct, we are left with $3,662 in damages and roughly $180,000 in attorney’s fees. We vacate and remand. I. Maureen Van Hove ...
*1 A lawyer sued two lawyers, and each side hired more lawyers. Five years later, after “Stalingrad litigation” tactics, discovery sanctions, and dueling allegations of professional misconduct, we are left with $3,662 in damages and roughly $180,000 in attorney’s fees. …
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YouTube Videos: Authenticity of Account, Ownership Irrelevant — Questions re Date Posted, Etc., Go Only to Weight — Fair & Accurate Portrayal Test — Comprehensive Collection of YouTube Authenticity Case Law

 State v. Javon Jolarry Spivey, 2020 Tenn. Crim. App. LEXIS 74 (Tenn. Ct. App. Feb. 7, 2020): A Davidson County Criminal Court Jury convicted the Appellant, Javon Jolarry Spivey, of first degree premeditated ...
State v. Javon Jolarry Spivey, 2020 Tenn. Crim. App. LEXIS 74 (Tenn. Ct. App. Feb. 7, 2020): A Davidson County Criminal Court Jury convicted the Appellant, Javon Jolarry Spivey, of first degree premeditated murder, felony murder, attempted first degree murder,…
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Arbitration Award Not Reviewable for Legal or Factual Errors, Only FAA §10(a) Grounds — Vacatur for Exceeding Powers Requires Decision on Unsubmitted Issue Or Irrational Award — Meaning of Manifest Disregard, If It Survives

 PNY Techs. v. Netac Tech. Co., 2020 U.S. App. LEXIS 4003 (10th Cir. Feb. 10, 2020): *** "On appeal from a district court's ruling on a motion to confirm or vacate an arbitration [*4]  awar ...
PNY Techs. v. Netac Tech. Co., 2020 U.S. App. LEXIS 4003 (10th Cir. Feb. 10, 2020): *** "On appeal from a district court's ruling on a motion to confirm or vacate an arbitration [*4]  award, we review its legal conclusions…
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Recent Posts

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)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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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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