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

Facebook Message Authenticated by Admission of Authorship, Distinctive Characteristics Manifest in Other Writing by Alleged Author (AA), Contents Known Only to AA & Statements Someone in AA’s Position Would Make

 State v. Serrano, 2019 N.M. App. Unpub. LEXIS 499 (N.M. Ct. App. Dec. 13, 2019): P1 Defendant Sade Serrano appeals his convictions for two counts of criminal sexual penetration of a minor (CSPM), contrary t ...
State v. Serrano, 2019 N.M. App. Unpub. LEXIS 499 (N.M. Ct. App. Dec. 13, 2019): P1 Defendant Sade Serrano appeals his convictions for two counts of criminal sexual penetration of a minor (CSPM), contrary to NMSA 1978, Section 30-9-11(G)(1) (2009)…
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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 Feb. 11, 2020) (unpublished): ORDER OF AFFIRMANCE James Scott appeals from a judgment of conviction entered pursuant to a jury ...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 Feb. 11, 2020) (unpublished): ORDER OF AFFIRMANCE James Scott appeals from a judgment of conviction entered pursuant to a jury verdict of conspiracy to commit robbery, robbery, and…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 LEXIS 4889 (5th Cir. Feb. 13, 2020)(unpublished): Before KING, COSTA, and HO, Circuit Judges.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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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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