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

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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Removal: Motion to Dismiss May Serve as Consent — Reliance on Co-Defendants’ Brief May Suffice — Defect in Consent Curable within 30 Days of Filing It

Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law ("Complaint")*** in the Iowa District Court for Cedar County***. On September 20, 2010, Plaintiff filed an Amended Petition at Law ("Amended Complaint")***. On October ...
Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law (“Complaint”)*** in the Iowa District Court for Cedar County***. On September 20, 2010,…
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Rule 11 Does Not Confer a Cause of Action — Successive Complaints Stating Previously-Rejected Legal Theories = Harassment

From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court's judgment dismissing his action alleging that defendants abused Federal Rule of Civil Procedure 11 in two prior actions. *** The district court properly dismissed Corr ...
From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court’s judgment dismissing his action alleging that defendants abused Federal Rule of Civil…
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

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

Inherent 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

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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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