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

First Circuit Spoliation Standards

From Booker v. Mass. Dep’t of Public Health, 2010 U.S. App. LEXIS 14510 (1st Cir. July 15, 2010): Where a proper evidentiary foundation has been laid, "a trier of fact may (but need not) infer from a party's obliteration of a document relevant to a litigated issue that the contents of the document were unfavorable to that party." T ...
From Booker v. Mass. Dep’t of Public Health, 2010 U.S. App. LEXIS 14510 (1st Cir. July 15, 2010): Where a proper evidentiary foundation has been laid, “a trier of fact may (but need not) infer from a party’s obliteration of…
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Inherent Power Limited by Statute Providing Exclusive Remedy for Violation of Injunction

From Kovacs v. United States, 2010 U.S. App. LEXIS 15615 (7th Cir. July 29, 2010): Kovacs, a taxpayer, filed suit against Defendant-Appellee United States of America seeking to recover damages resulting from the Internal Revenue Service's ("IRS") alleged violation of the discharge injunction provided by Section 524 of the Bankruptcy Code, ...
From Kovacs v. United States, 2010 U.S. App. LEXIS 15615 (7th Cir. July 29, 2010): Kovacs, a taxpayer, filed suit against Defendant-Appellee United States of America seeking to recover damages resulting from the Internal Revenue Service’s (“IRS”) alleged violation of…
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Limitations of Attorneys’ Eyes’ Only Protective Orders

From Schiller v. City of N.Y., 607 F.3d 923 (2d Cir. 2010), explaining why a protective order with attorneys’-eyes’-only protection was an inadequate safeguard to protect intelligence reports (“Field Reports”) compiled by the NYPD: A. Disclosure on an "Attorneys' Eyes Only" Basis Is Inadequate The disclosure of co ...
From Schiller v. City of N.Y., 607 F.3d 923 (2d Cir. 2010), explaining why a protective order with attorneys’-eyes’-only protection was an inadequate safeguard to protect intelligence reports (“Field Reports”) compiled by the NYPD: A. Disclosure on an “Attorneys’ Eyes…
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Document Created by Auditor Containing Legal Advice Protected by Work Product Even Though Prepared for Audit Purposes (Circuit Split) — Disclosure of Work Product to Auditor ≠ Waiver (Caselaw Split)

United States v. Deloitte LLP, 2010 U.S. App. LEXIS 13226 (D.C. Cir. June 29, 2010) creates at least two cert-worthy issues. Its holding that an auditor-created document, prepared for purposes of determining appropriate reserves based on legal advice of the audit client, is entitled to work product protection is in conflict with the First Circuit’s decisio ...
United States v. Deloitte LLP, 2010 U.S. App. LEXIS 13226 (D.C. Cir. June 29, 2010) creates at least two cert-worthy issues. Its holding that an auditor-created document, prepared for purposes of determining appropriate reserves based on legal advice of the…
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Spoliation of Contract Irrelevant Once Plaintiff Has Waived the Contract — Waiver Via Position Taken in Divorce Proceedings — Negligent Spoliation under Illinois Law

From Millar v. Lakin Law Firm PC, 2010 U.S. Dist. LEXIS 60057 (S.D. Ill. June 17, 2010): Millar, an attorney licensed in the states of Illinois and Missouri, began working for Defendant Lakin Law Firm PC ... in May 2000. On or about January 15, 2004, Millar met with Bradley Lakin..., the managing partner of the firm, and Steven Schweiz ...
From Millar v. Lakin Law Firm PC, 2010 U.S. Dist. LEXIS 60057 (S.D. Ill. June 17, 2010): Millar, an attorney licensed in the states of Illinois and Missouri, began working for Defendant Lakin Law Firm PC … in May 2000.…
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Arbitration Sanctions — Arbitration Panel Is Empowered to Award Attorneys’ Fees for Bad Faith Litigation Abuse

From First Auto. Serv. Corp. v. First Colonial Ins. Co., 2010 U.S. Dist. LEXIS 66974 (M.D. Fla. June 16, 2010): In the Final Award As To Attorneys' Fees And Costs dated September 26, 2009..., the panel awarded Northbrook $ 458,430.42 in attorneys' fees, plus $ 63,380.80 in costs (reflecting plaintiffs'/claimants' share of the unpaid stat ...
From First Auto. Serv. Corp. v. First Colonial Ins. Co., 2010 U.S. Dist. LEXIS 66974 (M.D. Fla. June 16, 2010): In the Final Award As To Attorneys’ Fees And Costs dated September 26, 2009…, the panel awarded Northbrook $ 458,430.42…
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Chevron vs. Skidmore Deference

From Taproot Administrative Servs. v. Comm’r of Internal Revenue, 133 T.C. 202, 2009 U.S. Tax Ct. LEXIS 29, 133 T.C. No. 9 (U.S. Tax Court Sept. 29, 2009): In United States v. Mead Corp., 533 U.S. 218, 121 S. Ct. 2164, 150 L. Ed. 2d 292 (2001), the Supreme Court recognized that there are various types of agency pronouncements tha ...
From Taproot Administrative Servs. v. Comm’r of Internal Revenue, 133 T.C. 202, 2009 U.S. Tax Ct. LEXIS 29, 133 T.C. No. 9 (U.S. Tax Court Sept. 29, 2009): In United States v. Mead Corp., 533 U.S. 218, 121 S. Ct.…
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RICO Statute of Limitations — Notice of Injury vs. Fraudulent Concealment — Disregard of Prior Order as Tolling Statute

From Pecot v. S.F. Deputy Sheriff’s Ass’n, 2009 U.S. Dist. LEXIS 21710 (N.D. Cal. Mar. 6, 2009): Civil RICO claims are subject to a four-year statute of limitations. Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143, 156 (1987). "The limitations period for civil RICO actions begins to run when a plaintiff know ...
From Pecot v. S.F. Deputy Sheriff’s Ass’n, 2009 U.S. Dist. LEXIS 21710 (N.D. Cal. Mar. 6, 2009): Civil RICO claims are subject to a four-year statute of limitations. Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143, 156…
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Third Circuit Reserves Decision as to Whether Rule 11 Sanctions Imposed after Final Judgment Must Be Vacated under Its Supervisory Rule

From Pepper Hamilton, LLP v. Underwriting Members of Syndicate 53 at Lloyd's, 2010 U.S. App. LEXIS 17195 (3d Cir. Aug. 18, 2010): [Footnote 16.] Pepper Hamilton also argues that, because the District Court imposed sanctions after it had already issued a final judgment, the sanctions must be reversed in light of the supervisory rule we ...
From Pepper Hamilton, LLP v. Underwriting Members of Syndicate 53 at Lloyd’s, 2010 U.S. App. LEXIS 17195 (3d Cir. Aug. 18, 2010): [Footnote 16.] Pepper Hamilton also argues that, because the District Court imposed sanctions after it had already issued…
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Credit Default Swap on Home Mortgage Purchased by Mortgagee Does Not Inure to the Benefit of Mortgagor or Relieve Mortgagor’s Debt

From Dumont v. HSBC Mortgage Corp., USA, 2010 U.S. Dist. LEXIS 77805 (D. Ariz. July 30, 2010): In their fourth claim for relief, Plaintiffs' allege that HSBC or another heretofore unknown party may have purchased or collected proceeds available under one or more credit-default swaps of which Plaintiffs' mortgage might have been a part, a ...
From Dumont v. HSBC Mortgage Corp., USA, 2010 U.S. Dist. LEXIS 77805 (D. Ariz. July 30, 2010): In their fourth claim for relief, Plaintiffs’ allege that HSBC or another heretofore unknown party may have purchased or collected proceeds available under…
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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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