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

Financial Condition of Parent Corporation Inadmissible on Issue of Punitive Damages Owed by Subsidiary

From St. Croix Renaissance Group, LLLP v. St. Croix Alumina, LLC, 2010 U.S. Dist. LEXIS 122611 (D.V.I. Nov. 18, 2010): *** "It is a general principle of corporate law deeply ingrained in our economic and legal systems that a parent corporation ... is not liable for the acts of its subsidiaries." U.S. v. Bestfoods, 524 U.S. 51, 6 ...
From St. Croix Renaissance Group, LLLP v. St. Croix Alumina, LLC, 2010 U.S. Dist. LEXIS 122611 (D.V.I. Nov. 18, 2010): *** “It is a general principle of corporate law deeply ingrained in our economic and legal systems that a parent…
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No Matter How Limited Its Jurisdiction, Court Possesses the Inherent Power to Strike a Filing from Its Docket

From Ready Transportation, Inc. v. Available Shippers, Inc., 2010 U.S. App. LEXIS 24431 (9th Cir. Oct. 6, 2010): Ready sued AAR and others***. All defendants except AAR were dismissed from the case in its early stages. Ready and AAR then settled their dispute under the terms of a confidential settlement agreement. They stipulated to dism ...
From Ready Transportation, Inc. v. Available Shippers, Inc., 2010 U.S. App. LEXIS 24431 (9th Cir. Oct. 6, 2010): Ready sued AAR and others***. All defendants except AAR were dismissed from the case in its early stages. Ready and AAR then…
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Insurance Coverage for Pre-Acquisition Liabilities Does Not Transfer by Operation of Law to Acquiror Who Assumes the Liabilities — Caselaw Split

From Keller Founds., Inc. v. Suncoast Post-Tension, LP, 2010 U.S. App. LEXIS 23838 (5th Cir. Nov. 19, 2010): Wausau *** challenges the *** holding that the policy covering Old Suncoast transferred by operation of law when the Keller Companies acquired the assets of Old Suncoast. The question of whether insurance coverage for pre-acquisit ...
From Keller Founds., Inc. v. Suncoast Post-Tension, LP, 2010 U.S. App. LEXIS 23838 (5th Cir. Nov. 19, 2010): Wausau *** challenges the *** holding that the policy covering Old Suncoast transferred by operation of law when the Keller Companies acquired…
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Legal Counting Conundra

From Nat’l Ass’n of Hom Builders v. OSHA, 602 F.3d 464 (D.C. Cir. 2010): A driver exceeding the speed limit runs a red light and swerves onto the opposite lane. Three violations of the law against reckless driving or one? Five punches to a victim's face without provocation. One battery or five? Same result if the punches were hou ...
From Nat’l Ass’n of Hom Builders v. OSHA, 602 F.3d 464 (D.C. Cir. 2010): A driver exceeding the speed limit runs a red light and swerves onto the opposite lane. Three violations of the law against reckless driving or one?…
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Arbitration Compelled against Non-Parties — Equitable Estoppel — Intertwining — Non-Parties Who Move to Compel Arbitration Ordered to Submit to It

From NS Holdings LLC v. Am. Int’l Group, 2010 U.S. Dist. LEXIS 125077 (C.D. Cal. Nov. 15, 2010): Having found the arbitration provision to be enforceable, the Court must now address the provision's applicability to Defendants AIG and Chartis. The policy at issue in this case was entered into between Plaintiffs and Defendant AISLIC. D ...
From NS Holdings LLC v. Am. Int’l Group, 2010 U.S. Dist. LEXIS 125077 (C.D. Cal. Nov. 15, 2010): Having found the arbitration provision to be enforceable, the Court must now address the provision’s applicability to Defendants AIG and Chartis. The…
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New Expert and Summary Judgment Rules Go into Effect December 1, 2010

On Wednesday, December 1, amended federal expert witness and summary judgment rules go into effect. The principal changes are to Rule 26: 1. Communications between counsel and retained experts are generally protected from disclosure or discovery. 2. Counsel must prepare disclosures summarizing the facts and opinions of experts ...
On Wednesday, December 1, amended federal expert witness and summary judgment rules go into effect. The principal changes are to Rule 26: 1. Communications between counsel and retained experts are generally protected from disclosure or discovery. 2. Counsel must prepare…
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Motions for Reconsideration — Standards (Seventh Circuit Articulation)

From Terry v. Woller, 2010 U.S. Dist. LEXIS 122181 (C.D. Ill. Nov. 18, 2010): Motions to reconsider should only be presented when law or facts change significantly after an issue has been presented to the court, when the court has "patently misunderstood a party", when the court has made a decision outside the adversarial issues presente ...
From Terry v. Woller, 2010 U.S. Dist. LEXIS 122181 (C.D. Ill. Nov. 18, 2010): Motions to reconsider should only be presented when law or facts change significantly after an issue has been presented to the court, when the court has…
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Filing Suit in a Proper but Inconvenient Forum Not Sanctionable Absent Improper Purpose — Location of Plaintiff’s Counsel as a Legitimate Purpose for Original Choice of Venue

From HR US LLC v. Mizco Int’l, Inc., 2010 U.S. Dist. LEXIS 103123 (E.D.N.Y. Sept. 28, 2010) (defense seeking attorney's fees arguing that the case is "exceptional" within the meaning of 35 U.S.C. § 285 but relying on sanctions precedents): Plaintiff did not engage in litigation misconduct by filing in a proper, but ultimately inconven ...
From HR US LLC v. Mizco Int’l, Inc., 2010 U.S. Dist. LEXIS 103123 (E.D.N.Y. Sept. 28, 2010) (defense seeking attorney’s fees arguing that the case is “exceptional” within the meaning of 35 U.S.C. § 285 but relying on sanctions precedents):…
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Deposition of Adverse Counsel — Second Circuit “Flexible Approach” / Standards

From In re Application of Chevron Corp., 2010 U.S. Dist. LEXIS 117679 (S.D.N.Y. Nov. 10, 2010): II. Deposition of Adverse Counsel "Courts have been . . . concerned about the burdens imposed on the adversary process when lawyers themselves have been the subject of discovery requests, and have resisted the idea that lawye ...
From In re Application of Chevron Corp., 2010 U.S. Dist. LEXIS 117679 (S.D.N.Y. Nov. 10, 2010): II. Deposition of Adverse Counsel “Courts have been . . . concerned about the burdens imposed on the adversary process when lawyers themselves have…
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Amended Complaint Resets Rule 11 Clock — Judge’s Warning to Heed Rule 11 Does Not Trump Safe Harbor — Nor Does Ambiguous Judicial Request to Delay 2nd Sanctions Motion — No Sanctions for “Merely Frustrating Conduct” (Good Quote)

From Lawrence v. Richman Group of CT LLC, 620 F.3d 153 (2d Cir. 2010): In an order dated March 4, 2005, the district court dismissed Lawrence's first amended complaint in this case, finding that it failed to plead a contract that was legal and enforceable. Nevertheless, based on counsel's representation that this defect could be cured b ...
From Lawrence v. Richman Group of CT LLC, 620 F.3d 153 (2d Cir. 2010): In an order dated March 4, 2005, the district court dismissed Lawrence’s first amended complaint in this case, finding that it failed to plead a contract…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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