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

Amended Complaint that Fundamentally Changes the Shape of a Case Revives Defendant’s Right to Compel Arbitration — Here, Vastly Augmented Class Definition

From Krinsk v. Suntrust Banks, Inc., 2011 U.S. App. LEXIS 18521 (11th Cir. Sept. 7, 2011): Defendant SunTrust Bank ("SunTrust") appeals the district court's order denying its motion to compel plaintiff Sara Krinsk to submit her claims to arbitration pursuant to an arbitration agreement governed by the Federal Arbitration Act ("FAA"), 9 ...
From Krinsk v. Suntrust Banks, Inc., 2011 U.S. App. LEXIS 18521 (11th Cir. Sept. 7, 2011): Defendant SunTrust Bank (“SunTrust”) appeals the district court’s order denying its motion to compel plaintiff Sara Krinsk to submit her claims to arbitration pursuant…
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Responsive Internet Pages that Party Intends to Introduce Must Be Produced in Discovery — No Defense that They Haven’t Been Printed Out — Someone Other Than Trial Counsel Should Authenticate — Non-Hearsay Uses of Internet Evidence

From Firehouse Restaurant Group, Inc. v. Scurmont LLC, 2011 U.S. Dist. LEXIS 89727 (D.S.C. Aug. 11, 2011): I: Internet Printouts of Alleged Third Party Use Firehouse seeks to preclude Calli Baker's from introducing a substantial number of printouts from various Internet websites purporting to identify businesses that use the ter ...
From Firehouse Restaurant Group, Inc. v. Scurmont LLC, 2011 U.S. Dist. LEXIS 89727 (D.S.C. Aug. 11, 2011): I: Internet Printouts of Alleged Third Party Use Firehouse seeks to preclude Calli Baker’s from introducing a substantial number of printouts from various…
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Permissible and Impermissible Supplemental Closing Arguments in Criminal Trial — Distinguishing Coercive from Non-Coercive — Importance of Not Polling Jurors as to Areas of Disagreement

From United States v. Della Porta, 2011 U.S. App. LEXIS 16341 (9th Cir. Aug. 8, 2011): In [United States v. Evanston, No. 10-10159, 2011 U.S. App. LEXIS 13647, 2011 WL 2619277, at *1 (9th Cir. July 5, 2011)], we addressed, as a matter of first impression in this circuit, the use of supplemental closing arguments to assist a deadlocked j ...
From United States v. Della Porta, 2011 U.S. App. LEXIS 16341 (9th Cir. Aug. 8, 2011): In [United States v. Evanston, No. 10-10159, 2011 U.S. App. LEXIS 13647, 2011 WL 2619277, at *1 (9th Cir. July 5, 2011)], we addressed,…
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Arbitration — Applying Vaden to Look Through a Freestanding FAA Petition Where No Complaint Exists — State Law Discovery Sanction Striking Arbitration Clause Precludes Motion to Compel in Federal Court

From Community State Bank v. Strong, 2011 U.S. App. LEXIS 17767 (11th Cir. Aug. 25, 2011): This resilient case has arrived back in our Court after the Supreme Court's opinion in Vaden v. Discover Bank, 556 U.S. 49, 129 S. Ct. 1262, 173 L. Ed. 2d 206 (2009), and following a detour through our en banc Court. Again we are asked to navigate ...
From Community State Bank v. Strong, 2011 U.S. App. LEXIS 17767 (11th Cir. Aug. 25, 2011): This resilient case has arrived back in our Court after the Supreme Court’s opinion in Vaden v. Discover Bank, 556 U.S. 49, 129 S.…
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Disqualification of Opposing Lawyer, Who Was a Key Participant in Failed Contract Negotiations, Denied — No Right to Call Opposing Counsel to Corroborate Own Witnesses’ Testimony

From Lincoln Provision, Inc., v.Aron Puretz, PMP LLC, 2011 U.S. Dist. LEXIS 86475 (D. Neb. Aug. 4, 2011): The Defendants moved to disqualify Plaintiff's counsel, David Domina, on the theory that Domina is a necessary witness in this action***. Defendants note that Domina participated in unsuccessful negotiations for an operat ...
From Lincoln Provision, Inc., v.Aron Puretz, PMP LLC, 2011 U.S. Dist. LEXIS 86475 (D. Neb. Aug. 4, 2011): The Defendants moved to disqualify Plaintiff’s counsel, David Domina, on the theory that Domina is a necessary witness in this action***. Defendants…
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§ 1292(b) Certification Is Not Appropriate Simply Because the Interlocutory Decision Addresses an Issue of First Impression or Complex, Difficult Statutory Interpretation

From Lang v. Crocker Park, LLC, 2011 U.S. Dist. LEXIS 83451 (N.D. Ohio July 29, 2011): B. Substantial Ground for Difference of Opinion Is Not Present Defendants posit that the language used by the court in its Order is intentionally equivocal in recognition of the fact that certain provisions of the ADAAG [Americans with Disabil ...
From Lang v. Crocker Park, LLC, 2011 U.S. Dist. LEXIS 83451 (N.D. Ohio July 29, 2011): B. Substantial Ground for Difference of Opinion Is Not Present Defendants posit that the language used by the court in its Order is intentionally…
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Sanctions — Order Finding Lawyer Violated Ethical Rule Is Appealable Even Though Unaccompanied by Formal Reprimand or Monetary Penalty

From Adams v. Ford Motor Co., 2011 U.S. App. LEXIS 16127 (3d Cir. Aug. 5, 2011): Vincent A. Colianni appeals from the magistrate judge's order finding that he violated ABA Model Rule of Professional Conduct Rule 3.5 by initiating post-verdict contact with a juror. *** Appellant Yolanda Adams filed suit in the District Court of t ...
From Adams v. Ford Motor Co., 2011 U.S. App. LEXIS 16127 (3d Cir. Aug. 5, 2011): Vincent A. Colianni appeals from the magistrate judge’s order finding that he violated ABA Model Rule of Professional Conduct Rule 3.5 by initiating post-verdict…
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Standard for Discovery of Mediation Communications = Standard for Relief from a Protective Order — Note Alternative of Targeted Discovery and Seeming Openness to Interrogatories or Depositions to Obtain Same Evidence

From Savage & Assocs., PC v. K&L Gates LLP, 640 F.3d 53 (2d Cir. 2011): Appeal and cross-appeal from an order of the United States District Court for the Southern District of New York (Castel, J.) affirming the order of the bankruptcy court (Bernstein, C.B.J.), which denied K&L Gates LLP's ("K& L Gates") motion to lift two protective ord ...
From Savage & Assocs., PC v. K&L Gates LLP, 640 F.3d 53 (2d Cir. 2011): Appeal and cross-appeal from an order of the United States District Court for the Southern District of New York (Castel, J.) affirming the order of…
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Unsolicited Email Received from Someone Whom the Recipient Has Never Been in Contact with Not Sufficiently Authenticated (Linked to Sender) Simply by Recipient’s Testimony

From Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS 68560 (E.D. Cal. June 24, 2011): "When a letter, signed with the purported signature of X, is received 'out of the blue,' with no previous correspondence, the traditional 'show me' skepticism of the common law prevails, and the purported signature is not sufficient as authenticatio ...
From Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS 68560 (E.D. Cal. June 24, 2011): “When a letter, signed with the purported signature of X, is received ‘out of the blue,’ with no previous correspondence, the traditional ‘show…
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Seventh Circuit Rules that a Letter Satisfies the Motion Requirement of Rule 11(c)(1)(A) and that Post-Judgment Motion Is Timely Despite Safe Harbor (Circuit Split)

From Matrix IV, Inc. v. Am. Nat’l Bank & Trust Co. of Chi., 2011 U.S. App. LEXIS 15537 (7th Cir. July 28, 2011): Before taking up the merits of Gateway's argument for sanctions, we address certain concerns raised below and reiterated here that the motion for sanctions was procedurally defective. Rule 11(c)(2) provides that a motion fo ...
From Matrix IV, Inc. v. Am. Nat’l Bank & Trust Co. of Chi., 2011 U.S. App. LEXIS 15537 (7th Cir. July 28, 2011): Before taking up the merits of Gateway’s argument for sanctions, we address certain concerns raised below and…
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Recent Posts

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

nherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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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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