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

International Comity as Ground to Stay or Dismiss a U.S. Lawsuit in Deference to a Foreign Action — Foreign Bankruptcy Generally Entitled to Comity

From Curran v. Hindu Credit Union Operative Soc’y Ltd., 2011 U.S. Dist. LEXIS 32148 (S.D. Fla. Mar. 25, 2011): International comity is "the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the ...
From Curran v. Hindu Credit Union Operative Soc’y Ltd., 2011 U.S. Dist. LEXIS 32148 (S.D. Fla. Mar. 25, 2011): International comity is “the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another…
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Summary Order from Court of Appeals Reflects Full Deliberation and Comprehensive Decision of All Issues Raised — Litigants Have No Right to Written Opinion

From Genao v. United States, 2010 U.S. Dist. LEXIS 142103 (S.D.N.Y. Sept. 16, 2010): "There is no requirement in law that a federal appellate court's decision be accompanied by a written opinion." Furman v. United States, 720 F.2d 263, 264 (2d Cir. 1983). The Supreme Court has been charged with creating rules of practice and pr ...
From Genao v. United States, 2010 U.S. Dist. LEXIS 142103 (S.D.N.Y. Sept. 16, 2010): “There is no requirement in law that a federal appellate court’s decision be accompanied by a written opinion.” Furman v. United States, 720 F.2d 263, 264…
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Disclosure of General Subject Matter of Work Done for, and Communications with, Client Does Not Effect Waiver of Attorney-Client Privilege — Detailed Disclosure May — Bills Protected Only If Content of Communications Disclosed

From Avgoustis v. Shinseki, 2011 U.S. App. LEXIS 6884 (Fed. Cir. April 6, 2011): Appellant Stanley J. Avgoustis ("Avgoustis") applied for attorneys' fees as a prevailing party under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The United States Court of Appeals for Veterans Claims ("Veterans Court") disallowed recovery ...
From Avgoustis v. Shinseki, 2011 U.S. App. LEXIS 6884 (Fed. Cir. April 6, 2011): Appellant Stanley J. Avgoustis (“Avgoustis”) applied for attorneys’ fees as a prevailing party under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The…
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Strictures of Twombly and Iqbal Apply to Jurisdictional Allegations and to Affirmative Defenses

From Haley Paint Co. v. E.I. DuPont de Nemours & Co., 2011 U.S. Dist. LEXIS 34925 (D. Md. Mar. 31, 2011): The Supreme Court's decisions in Twombly and Iqbal did not specifically address the pleading requirements for jurisdiction, and the issue has not been resolved by the Fourth Circuit. However, this issue of first impression, has, at ...
From Haley Paint Co. v. E.I. DuPont de Nemours & Co., 2011 U.S. Dist. LEXIS 34925 (D. Md. Mar. 31, 2011): The Supreme Court’s decisions in Twombly and Iqbal did not specifically address the pleading requirements for jurisdiction, and the…
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Who Can Waive a Municipality’s Privilege? Police Chief Is Sufficiently Senior to Do So — His Extrajudicial Disclosure to Press Effects Waiver, But Scope of Waiver Is Modest — Partial vs Selective Waiver

From Sullivan v. Warminster Township, 2011 U.S. Dist. LEXIS 22379 (E.D. Pa. Mar. 4, 2011): With regard to the question of whether Chief Murphy could waive the attorney-client and the work-product privilege in the first place, neither Plaintiffs nor the Warminster Defendants have addressed the issue of who in a municipal corporation can ...
From Sullivan v. Warminster Township, 2011 U.S. Dist. LEXIS 22379 (E.D. Pa. Mar. 4, 2011): With regard to the question of whether Chief Murphy could waive the attorney-client and the work-product privilege in the first place, neither Plaintiffs nor the…
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Court Has Inherent Power to Order Client Representative with Settlement Authority to Attend Settlement Conference — Court May Adopt Local Rules to This Effect under Rule 16

From Certain Underwriters at Lloyd's v. GMC Land Servs., 2007 U.S. Dist. LEXIS 100523 (S.D. Fla. Nov. 5, 2007) (discussing an inherent power other than to sanction): A court has the inherent power to direct parties to produce individuals with full settlement authority at pretrial settlement conferences. In re Novak, 932 F.2d 1397, 1407 ...
From Certain Underwriters at Lloyd’s v. GMC Land Servs., 2007 U.S. Dist. LEXIS 100523 (S.D. Fla. Nov. 5, 2007) (discussing an inherent power other than to sanction): A court has the inherent power to direct parties to produce individuals with…
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Experts: Factual Basis for Expert Testimony Must Satisfy Court under Rules 104 and 703

From Medtronic, Inc. v. Boston Scientific Corp., 2011 U.S. Dist. LEXIS 33581 (D. Del. Mar. 30, 2011): As recognized by the United States Court of Appeals for the Third Circuit, while an expert's methodology is required to pass muster under Rule 702, the data underlying the expert's opinion must pass muster under Rules 104 and 703. ...
From Medtronic, Inc. v. Boston Scientific Corp., 2011 U.S. Dist. LEXIS 33581 (D. Del. Mar. 30, 2011): As recognized by the United States Court of Appeals for the Third Circuit, while an expert’s methodology is required to pass muster under…
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The Second Circuit’s “Inclusionary Rule” for Other Crimes Evidence under Rule 404(b)

From U.S. v. Aleynikov, 2011 U.S. Dist. LEXIS 33345 (S.D.N.Y. Mar. 16, 2011): Although evidence of other crimes "is not admissible to prove the character of a person in order to show action in conformity therewith," it can be used "for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, ...
From U.S. v. Aleynikov, 2011 U.S. Dist. LEXIS 33345 (S.D.N.Y. Mar. 16, 2011): Although evidence of other crimes “is not admissible to prove the character of a person in order to show action in conformity therewith,” it can be used…
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RICO: Economic “Extortion” under the Hobbs Act

From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime ch. 17 (2006). But the Supreme Court's decision in United States v. Enmons ...
From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory…
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Journalist’s Privilege — Differing Levels of Protection for Confidential and Nonconfidential Information — Second Circuit Declines to Resolve Whether Privilege Derives from First Amendment

From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from the compelled disclosure of even nonconfidential materials. See Chevron Corp. v. Berlinger, 629 F.3d 297, 306-07 (2 ...
From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from…
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Recent Posts

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

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

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

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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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