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: Due Process (DP): Notice Against Firm ≠ Notice Against Lawyers — 1st Mention in Reply Brief Denies Ability to Respond — DP Reviewed De Novo — Can Firm Be Sanctioned under 26(g)(3) or 37(b)(2)(C)?

 KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 1616 (6th Cir. Jan. 16, 2020) (unpublished): One thing is certain: discovery abuses by the defendants infected this case—seemingl ...
KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 1616 (6th Cir. Jan. 16, 2020) (unpublished): One thing is certain: discovery abuses by the defendants infected this case—seemingly beyond repair, leading to a default judgment against the defendants …
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RICO: Possibility That Third-Party Payor Was Derivatively Harmed by Statements Pharma Co. Made to Doctors or Patients Doesn’t Support RICO Liability — MDL Court’s Dismissal Order in Unconsolidated Case Is Immediately Appearlable

Med. Mut. of Ohio v. AbbVie Inc., 2019 WL 5887194 (7th Cir. Nov. 12, 2019) (unpublished): *1 Medical Mutual of Ohio contends in this suit under the civil-liability section of the Racketeer Influenced and Corrupt Organizations Act (
Med. Mut. of Ohio v. AbbVie Inc., 2019 WL 5887194 (7th Cir. Nov. 12, 2019) (unpublished): *1 Medical Mutual of Ohio contends in this suit under the civil-liability section of the Racketeer Influenced and Corrupt Organizations Act (RICO…
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When Bankruptcy Courts May Decline to Enforce Arbitration Clauses: 2 Requirements — Under Rule of Orderliness, One Panel Can’t Overrule Another Absent Unequivocal Decision of Supreme Court or Circuit En Banc

 In re Henry, 2019 U.S. App. LEXIS 37127 (5th Cir. Dec. 16, 2019): PER CURIAM: The opinion previously filed in this case is withdrawn and the following is substituted. ...
In re Henry, 2019 U.S. App. LEXIS 37127 (5th Cir. Dec. 16, 2019): PER CURIAM: The opinion previously filed in this case is withdrawn and the following is substituted. Years after Stephanie Marie Henry took out a student loan, she …
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Disqualification of Former Government Lawyer — Under NY Rule of Prof’l Conduct 1.11(a)(2), “Matter” = Discrete Transaction Or Set of Them & “Substantial Participation” Is Substantive, Affecting the Merits

 Ferncliff Cemetery Ass'n v. Town of Greenburgh, 2019 U.S. Dist. LEXIS 219042 (S.D.N.Y. Dec. 17, 2019): Before the Court are Defendant Town of Greenburgh's motions to disqualify Plaintiff's couns ...
Ferncliff Cemetery Ass'n v. Town of Greenburgh, 2019 U.S. Dist. LEXIS 219042 (S.D.N.Y. Dec. 17, 2019): Before the Court are Defendant Town of Greenburgh's motions to disqualify Plaintiff's counsel Frederick W. Turner, (Doc. 30), and dismiss the Amended Complaint, (Doc.…
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Facebook Authentication by Course of Dealing — Details and History of Communication with Specific User May Suffice to Authenticate Post As Emanating from That User, Just As Past Pattern of Phone Call May Authenticate ID of Caller

 Commonwealth v. Agro, 2019 Mass. App. Unpub. LEXIS 775 (Mass. Ct. App. Nov. 21, 2019) (non-precedential): MEMORANDUM AND ORDER PURSUANT TO
Commonwealth v. Agro, 2019 Mass. App. Unpub. LEXIS 775 (Mass. Ct. App. Nov. 21, 2019) (non-precedential): MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 After a jury-waived trial in the Central Division of the Boston Municipal Court Department, the trial judge…
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RICO Securities Bar: Purchase of Shares in Tax Shelter Scheme ≠ Actionable Secs. Fraud — Can’t Base Closed End Continuity on Bald Assertions As to 3d Parties or Open End by Pinpointing a Moment in Time & Disregarding Contrary Facts (Good Quotes)

Menzies v Seyfarth Shaw LLP, 943 F.3d 328 (7th Cir. Nov. 12, 2019): Insurance executive Steven Menzies sold over $64 million in his company’s stock but did not report any capital gains on his 2006 federal income tax return. He alleges that his underpayment of capital gains taxes (and the related penalties and interest subseq ...
Menzies v Seyfarth Shaw LLP, 943 F.3d 328 (7th Cir. Nov. 12, 2019): Insurance executive Steven Menzies sold over $64 million in his company’s stock but did not report any capital gains on his 2006 federal income tax return. He …
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12(b)(6) Dismissal Motion: Judicial Notice of News Reports & Non-Official Websites, including YouTube & Wikipedia, Only to Establish What Was in Public Realm, Not for Truth — Motion Converted to SJ to Consider Truth

Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-tria ...
Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-trial proceedings are accordingly referred to …
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R. 37 Sanctions — Default Judgment — Bad Faith/Willfulness/Fault —Well-Pleaded Allegations Must Show Liability As a Matter of Law — Failure to Object to Magistrate Judge R&R Waives Review — Discretionary Review for Plain Error

 Isigi v. Dorvilier, 2019 U.S. App. LEXIS 38054, 2019 WL 6997902 (2d Cir. Dec. 19, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDER ...
Isigi v. Dorvilier, 2019 U.S. App. LEXIS 38054, 2019 WL 6997902 (2d Cir. Dec. 19, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on April 2, 2018, is…
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Waiver of Right to Arbitrate — 3 Factors — 18 Month Delay, Litigation of Motion to Dismiss Effects Waiver — What Constitutes Prejudice to Opponent

Flores v. Adir Int'l, LLC, 2019 U.S. App. LEXIS 37262 (9th Cir. Dec. 17, 2019) (unpublished): MEMORANDUM* Defendant-Appellant Adir Internat ...
Flores v. Adir Int'l, LLC, 2019 U.S. App. LEXIS 37262 (9th Cir. Dec. 17, 2019) (unpublished): MEMORANDUM* Defendant-Appellant Adir International, LLC (Adir) appeals the district court's denial of its motion to compel arbitration in an action brought by Plaintiff-Appellee…
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Arbitration: Public Policy Defense to Enforcement in N.Y. Convention Is Very Narrow — Must Be Explicit, Well-Defined, Dominant — Must Violate Most Basic Notions of Morality — Loss of Federal Statutory Claim Not Enough

 Cvoro v. Carnival Corp., 2019 U.S. App. LEXIS 30940 (11th Cir. Oct. 17, 2019): Plaintiff Sladjana Cvoro appeals the district court's denial of her petition to "vacate and/or alternatively to deny r ...
Cvoro v. Carnival Corp., 2019 U.S. App. LEXIS 30940 (11th Cir. Oct. 17, 2019): Plaintiff Sladjana Cvoro appeals the district court's denial of her petition to "vacate and/or alternatively to deny recognition and enforcement" of the foreign arbitral award in…
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Recent Posts

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

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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