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

Sanctions: Dismissal As Shotgun Pleading (Defined), Dismissal Factors (11th Circuit) — Must Give 1 Amendment — Dismissal for Disregarding Order ≠ Abuse of Discretion, Especially If Warned — Pro Se Must Comply with Rules (Liberal Construction)

Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations of Title VII of the Civil Rights Act of 1 ...
Sarhan v. Miami Dade College, 2020 WL 428926 (11th Cir. Jan. 28, 2020) (unpublished): PER CURIAM: *1 Robert Sarhan, an adjunct professor at Miami-Dade College, filed several complaints in the underlying case against the College’s Board of Trustees, alleging violations…
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Can’t Use Contempt to Decide First Impression Iss. — Contempt Factors — “Trifecta” Arg.: Wrong on Facts, Law, Policy (Good Quotes) — Bank Services ≠ Active Concert — Cross-Boarder Discovery: Factors — General Jurisdiction & Banks

 Nike, Inc. v. Wu, 2020 U.S. Dist. LEXIS 9102 (S.D.N.Y. Jan. 17, 2020): ORDER DENYING NONPARTY BANKS MOTION FOR REIMBURSEMENT, DENYING ASSIGNEE'S MOTION TO HOLD BANKS IN CONTEMPT AND FOR A TURNOV ...
Nike, Inc. v. Wu, 2020 U.S. Dist. LEXIS 9102 (S.D.N.Y. Jan. 17, 2020): ORDER DENYING NONPARTY BANKS MOTION FOR REIMBURSEMENT, DENYING ASSIGNEE'S MOTION TO HOLD BANKS IN CONTEMPT AND FOR A TURNOVER ORDER, AND DENYING WITHOUT PREJUDICE NONPARTY BANKS CONDITIONAL …
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Civil Disqualification vs. Criminal Ineffectiveness: Even If Cases Substantially Related & Disqualifying Confidential Information Learned in Substantially Related Past Case, Defendant Must Show It Created an Actual Conflict That Affected Representation

 Harvey v. United States, 2020 U.S. App. LEXIS 1617 (6th Cir. Jan. 16, 2020) (unpublished): On the day his trial was scheduled to begin, Defendant Lamont Harvey pleaded guilty to one count of distrib ...
Harvey v. United States, 2020 U.S. App. LEXIS 1617 (6th Cir. Jan. 16, 2020) (unpublished): On the day his trial was scheduled to begin, Defendant Lamont Harvey pleaded guilty to one count of distribution of controlled substances in violation of …
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Party Can’t Name Judge as Witness, Cite to His or Her Rulings in Party’s Prior Cases to Force Recusal — Rulings Almost Never Support §455 Recusal — Parties Can’t Create Basis to Recuse by Their Own Acts (Good Quotes)

 Partain v. City of S. Padre Island, 2019 U.S. App. LEXIS 36309 (5th Cir. Dec. 6, 2019) (unpublished): PER CURIAM:* Johnny Ray Partain sued Den ...
Partain v. City of S. Padre Island, 2019 U.S. App. LEXIS 36309 (5th Cir. Dec. 6, 2019) (unpublished): PER CURIAM:* Johnny Ray Partain sued Dennis Stahl, Anna Stahl, Victor Carranza, and the City of South Padre Island, bringing 42 …
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Appeals: Exercising Jurisdiction over Orders Not Specified in Notice of Appeal (Factors) — Notice Construed Liberally — Error to Dismiss As Sanction in Third Circuit without Considering Poulis Factors

Hammond v. Lancaster City Bur. of Police, 2020 WL 91265 (3d Cir. Jan. 2, 2020) (unpublished): PER CURIAM *1 Khalil Hammond appeals from a number of orders of the United States District Court for the Eastern District of Pennsylvania. We will vacate the District Court’s judgment and remand for further proceedin ...
Hammond v. Lancaster City Bur. of Police, 2020 WL 91265 (3d Cir. Jan. 2, 2020) (unpublished): PER CURIAM *1 Khalil Hammond appeals from a number of orders of the United States District Court for the Eastern District of Pennsylvania. We…
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Supreme Court: Bankruptcy Court’s Grant or Denial of Request for Relief from Automatic Stay = Final Order, Must Be Appealed within 14 Days — Appealability Likened to Dismissal on Personal Jurisdiction, Improper Venue & Forum Non Conveniens Grounds

Ritzen Grp., Inc. v. Jackson Masonry, LLC, 2020 U.S. LEXIS 526, 2020 WL 20102 (S.Ct. Jan. 14, 2020): Under the Bankruptcy Code, filing a petition for bankruptcy automatically ...
Ritzen Grp., Inc. v. Jackson Masonry, LLC, 2020 U.S. LEXIS 526, 2020 WL 20102 (S.Ct. Jan. 14, 2020): Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt-collection efforts outside the umbrella…
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Theory Abandoned at Summary Judgment Cannot Be Revisited on Appeal — Sanctions: If Rule 37(c)(1) Exclusion Is Tantamount to Dismissal, Court Must Find Willfulness, Fault Or Bad Faith (9th Cir.)

 Silvia v. MCI Communs. Servs., 2019 U.S. App. LEXIS 36426 (9th Cir. Dec. 9, 2019) (unpublished): MEMORANDUM* Debbie Silvia appeals from the d ...
Silvia v. MCI Communs. Servs., 2019 U.S. App. LEXIS 36426 (9th Cir. Dec. 9, 2019) (unpublished): MEMORANDUM* Debbie Silvia appeals from the district court's summary judgment in favor of MCI Communications Services, Inc., Verizon Business Network Services, Inc., and…
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Appeals Court Has Inherent Power to Dismiss Appeal As Frivolous When It Presents No Arguably Meritorious Issue

Spain v. Gelb & Black PC, 2019 WL 6598307 (2d Cir. Aug. 7, 2019):*1 Appellant, pro se, moves to compel discovery, stay the briefing deadline, sanction the Appellee, and strike all of the Appellee’s filings. Upon due consideration, it is hereby ORDERED that the motions are DENIED and the appeal is DISMISSED because it “lacks an arguab ...
Spain v. Gelb & Black PC, 2019 WL 6598307 (2d Cir. Aug. 7, 2019):*1 Appellant, pro se, moves to compel discovery, stay the briefing deadline, sanction the Appellee, and strike all of the Appellee’s filings. Upon due consideration, it…
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Social Media Photo Subject to Traditional Authentication [901] — Once Photo Admissible to Show Gang Membership, Caption Corroborating That Not Offered for Truth But for Fact Statement Was Made, Thus Not Hearsay

 People v. Thomas, 2019 Cal. App. Unpub. LEXIS 8244 (Cal. Ct. App. Dec. 11, 2019) (unpublished): Defendant Byran Antoine Thomas attended a birthday party on March 21, 2014. He shot and killed one of the othe ...
People v. Thomas, 2019 Cal. App. Unpub. LEXIS 8244 (Cal. Ct. App. Dec. 11, 2019) (unpublished): Defendant Byran Antoine Thomas attended a birthday party on March 21, 2014. He shot and killed one of the other partygoers, who was a…
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Disqualification — Where Lawyer in Firm A Is Adverse to Firm B, Solicits & Obtains Offer from Firm B Which Is Immediately Withdrawn Because Conflict Exposed, Lawyer Was Never “Associated” With Firm B, Firm B Not Disqualified

 Hinker v. County of Cape May, 2020 U.S. Dist. LEXIS 6517 (D.N.J. Jan. 13, 2020): This matter having come before the Court upon the Motion [Docket Number 15] by Plaintiffs, Jonathan and Jacqueline Hi ...
Hinker v. County of Cape May, 2020 U.S. Dist. LEXIS 6517 (D.N.J. Jan. 13, 2020): This matter having come before the Court upon the Motion [Docket Number 15] by Plaintiffs, Jonathan and Jacqueline Hinker, for an Order disqualifying the law …
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Recent Posts

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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