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

Attorney-Client Privilege — Perlman Doctrine, Which Permits Immediate Review of Order Requiring Third Party to Disclose Privileged Information It Possesses, No Longer Applies If Privilege Holder Is a Party, after Mohawk

From Hold-Orsted v. City of Dickson, 2011 U.S. App. LEXIS 10379 (6th Cir. May 24, 2011): One such justification for an immediate appeal exists in situations "where a party claiming a privilege is 'powerless to avert the mischief of the order.'" Ross, 423 F.3d at 599 (quoting Perlman v. United States, 247 U.S. 7, 13 (1918)). "Under P ...
From Hold-Orsted v. City of Dickson, 2011 U.S. App. LEXIS 10379 (6th Cir. May 24, 2011): One such justification for an immediate appeal exists in situations “where a party claiming a privilege is ‘powerless to avert the mischief of the…
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The Plaintiff’s Heavy Burden of Proof in a Legal Malpractice Action under New York Law — Good Quote

From Sabalza v.Salgado, 2011 NY Slip Op 4732, 2011 N.Y. App. Div. LEXIS 4657 (1st Dep’t June 7, 2011): A plaintiff's burden of proof in a legal malpractice action is a heavy one (Lindenman v Kreitzer, 7 AD3d 30 [2004]). The plaintiff must first prove the hypothetical outcome of the underlying litigation and, then, the attorney's lia ...
From Sabalza v.Salgado, 2011 NY Slip Op 4732, 2011 N.Y. App. Div. LEXIS 4657 (1st Dep’t June 7, 2011): A plaintiff’s burden of proof in a legal malpractice action is a heavy one (Lindenman v Kreitzer, 7 AD3d 30 [2004]).…
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Forum Non Conveniens — Alternate Forum Must Have Jurisdiction over All Defendants — Movant Must Also Establish the Claims and Remedies Available There

From Lans v. Adduci Mastriani & Schaumberg L.L.P, 2011 U.S. Dist. LEXIS 54463 (D.D.C. May 23, 2011): a. Adequacy of alternative forum In order to establish that an alternative forum is adequate, the defendant must first establish that an alternative forum is available where the plaintiff may bring his claims. Normally, ...
From Lans v. Adduci Mastriani & Schaumberg L.L.P, 2011 U.S. Dist. LEXIS 54463 (D.D.C. May 23, 2011): a. Adequacy of alternative forum In order to establish that an alternative forum is adequate, the defendant must first establish that an alternative…
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RICO — Enactment of Restrictive Legislation and Law Enforcement Activity against Other Similarly-Situated Companies Are Intervening Acts Breaking Proximate Causation between Predicate Acts and Diminution of Stock Price

From Wodka v. Causeway Capital Mgmt. LLC, 2011 U.S. App. LEXIS 9959 (9th Cir. May 16, 2011): To state a civil RICO claim, a plaintiff must show "that a RICO predicate offense 'not only was a "but for" cause of his injury, but was the proximate cause as well.'" Hemi Group, LLC v. City of New York, U.S. , 130 S. Ct. 983, 989 (2010) ...
From Wodka v. Causeway Capital Mgmt. LLC, 2011 U.S. App. LEXIS 9959 (9th Cir. May 16, 2011): To state a civil RICO claim, a plaintiff must show “that a RICO predicate offense ‘not only was a “but for” cause of…
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Statements Made in Presence of Filmmakers Are Not Privileged and Cannot Effect a Subject Matter Waiver — Crime, Alone, Insufficient to Trigger Crime-Fraud Exception

From In re Application of Chevron Corp., 2011 U.S. App. LEXIS 10510 (3d Cir. May 25, 2011): This matter comes on before this Court on appeal from the District Court's December 20, 2010 order granting Chevron Corporation (Chevron), and two of its attorneys, Rodrigo Pérez Pallares and Ricardo Reis Veiga (collectively with Chevron "the Ch ...
From In re Application of Chevron Corp., 2011 U.S. App. LEXIS 10510 (3d Cir. May 25, 2011): This matter comes on before this Court on appeal from the District Court’s December 20, 2010 order granting Chevron Corporation (Chevron), and two…
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Five-Factor Test for Determining Whether to Grant an Extension of a Discovery Period Set Forth in a Scheduling Order

From Bentkowski v. Scene Magazine, 637 F.3d 689 (6th Cir. 2011): Federal Rule of Civil Procedure 16(b)(4) provides that "[a] schedule may be modified only for good cause and with the judge's consent." In reviewing a district court's denial of additional time for discovery, courts consider five factors: "(1) when the moving party learne ...
From Bentkowski v. Scene Magazine, 637 F.3d 689 (6th Cir. 2011): Federal Rule of Civil Procedure 16(b)(4) provides that “[a] schedule may be modified only for good cause and with the judge’s consent.” In reviewing a district court’s denial of…
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Sanctions — Sua (Nostra) Sponte Order to Show Cause for Vexatious and Frivolous Appeal Contemplates Joint and Several Liability on Client and Counsel, Leaving It to Them to Sort Out

From Gallop v. Cheney, 2011 U.S. App. LEXIS 8554 (2d Cir. April 27, 2011): [W]hile the government has not moved for sanctions, the record on appeal leaves no doubt that this appeal, to say nothing of the original complaint, was "brought without the slightest chance of success," and therefore should not have been brought at all, even if ...
From Gallop v. Cheney, 2011 U.S. App. LEXIS 8554 (2d Cir. April 27, 2011): [W]hile the government has not moved for sanctions, the record on appeal leaves no doubt that this appeal, to say nothing of the original complaint, was…
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Sequence of Decisionmaking — Decision on Statutory Removal May Precede Resolution of Motions to Dismiss for Lack of Subject Matter or Personal Jurisdiction

From Red Cloud Assets, LLC v. Harris Aviation, LLC, 2011 U.S. Dist. LEXIS 52284 (W.D. Okla. May 16, 2011): Priority of the Parties' Motions Each side urges the Court to take up its Motion first. The removing defendants contend the issue of personal jurisdiction is easily resolved and should result in their prompt dismis ...
From Red Cloud Assets, LLC v. Harris Aviation, LLC, 2011 U.S. Dist. LEXIS 52284 (W.D. Okla. May 16, 2011): Priority of the Parties’ Motions Each side urges the Court to take up its Motion first. The removing defendants contend the…
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Unserved Forum Defendant (Lone Defendant in Case) May Not Remove — Case Law Split — Out-of-State Co-Defendant May Remove While Forum Defendant Unserved — “Absurd Results” Rule of Statutory Construction

From Hawkins v. Cottrell, Inc., 2011 U.S. Dist. LEXIS 54141 (N.D. Ga. May 19, 2011): On December 14, 2010, defendant filed a notice of removal in this court seeking to remove the action based on diversity of citizenship. At the time of removal, defendant had not yet been served in the state action. Plaintiffs are both Tennesse ...
From Hawkins v. Cottrell, Inc., 2011 U.S. Dist. LEXIS 54141 (N.D. Ga. May 19, 2011): On December 14, 2010, defendant filed a notice of removal in this court seeking to remove the action based on diversity of citizenship. At the…
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Issues Inadequately Briefed on Appeal Are Deemed Waived

From Real Estate Innovations, Inc. v. Houston Ass’n of Realtors, Inc., 2011 U.S. App. LEXIS 7882 (5th Cir. April 15, 2011): There *** are a number of issues mentioned in REI's brief in too cursory a fashion for us to consider. Federal Rule of Appellate Procedure 28 requires that an appellant's brief "contain . . . [the] appellant's c ...
From Real Estate Innovations, Inc. v. Houston Ass’n of Realtors, Inc., 2011 U.S. App. LEXIS 7882 (5th Cir. April 15, 2011): There *** are a number of issues mentioned in REI’s brief in too cursory a fashion for us to…
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Recent Posts

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

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

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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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