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

Jury Trials in the Internet Era

Jurors, like everyone else, overwhelmingly use the Internet. They have access to information, however dubious, on the subject-matter of the case, the parties, the lawyers, the witnesses and even the evidence. I attended an excellent program at the Annual Meeting of the American College of Trial Lawyers on Saturday, October 9, 2009, on this subject. Some take-away ...
Jurors, like everyone else, overwhelmingly use the Internet. They have access to information, however dubious, on the subject-matter of the case, the parties, the lawyers, the witnesses and even the evidence. I attended an excellent program at the Annual Meeting…
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Evidence Drawn from Corporate Defendant’s Website Excluded

From McReynolds v. Lowe’s Cos., 2008 U.S. Dist. LEXIS 100594 (D. Idaho Dec. 12, 2008): Lowe's objects to Plaintiffs' Exhibits F, G, I, and L - W which are attached to the affidavit of Plaintiffs' counsel in response to the motion to dismiss arguing they are unauthenticated. Plaintiffs' counsel purports to authenticate the documents by ...
From McReynolds v. Lowe’s Cos., 2008 U.S. Dist. LEXIS 100594 (D. Idaho Dec. 12, 2008): Lowe’s objects to Plaintiffs’ Exhibits F, G, I, and L – W which are attached to the affidavit of Plaintiffs’ counsel in response to the…
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Summary Judgment Granted to Plaintiff on Champerty Claim — Expert Opinion as to Law Barred

From Del Webb Communities, Inc. v. Partington, 2009 U.S. Dist. LEXIS 85616 (D. Nev. Sept. 18, 2009): MAINTENANCE AND CHAMPERTY Both parties have moved for summary judgment as to Del Webb's claims for maintenance and champerty. Maintenance and champerty are closely related common law doctrines. Maintenance "is ...
From Del Webb Communities, Inc. v. Partington, 2009 U.S. Dist. LEXIS 85616 (D. Nev. Sept. 18, 2009): MAINTENANCE AND CHAMPERTY Both parties have moved for summary judgment as to Del Webb’s claims for maintenance and champerty. Maintenance and champerty are…
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Sanctions — Refusal to Hold Law Firm Vicariously Liable Upheld — No Interest on Award Despite Seven Year Delay in Issuing Sanctions Where Interest Not Requested in Motion

In Rents v. Dynasty Apparel Indus., 2009 U.S. App. LEXIS 2623 (6th Cir. Feb. 11, 2009), the court found that there was no factual basis for the claims asserted against certain defendants (the Warfield Defendants). The plaintiff was not sanctioned because he did not distort the facts and was not blamed for his lawyers’ pursuit of mixed claims of law and fac ...
In Rents v. Dynasty Apparel Indus., 2009 U.S. App. LEXIS 2623 (6th Cir. Feb. 11, 2009), the court found that there was no factual basis for the claims asserted against certain defendants (the Warfield Defendants). The plaintiff was not sanctioned…
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Spoliation — Bribery and Intimidation of Witness by Third Party Is Spoliation If Attributable to Party, and Evidence Not Precluded by Rule 404(b)

From Holloway v. Trombly, 2009 U.S. Dist. LEXIS 8439 (E.D. Mich. Feb. 3, 2009), a habeas corpus proceeding: Barbee [the victim] said at trial that he was worried and scared and did not want to testify. He explained that on the morning of the preliminary examination, an unknown gunman appeared on his porch, although he did not know if th ...
From Holloway v. Trombly, 2009 U.S. Dist. LEXIS 8439 (E.D. Mich. Feb. 3, 2009), a habeas corpus proceeding: Barbee [the victim] said at trial that he was worried and scared and did not want to testify. He explained that on…
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RICO — § 1962(b) Requirements — Inadequacy of 18 U.S.C. § 1346, Alone, as a Predicate Act

From Adams v. County of Erie, 2009 U.S. Dist. LEXIS 87289 (W.D. Pa. Sept. 23, 2009): To establish a claim under § 1962(b), the Plaintiff must allege an injury from the Defendants' acquisition or control of an interest in a RICO enterprise, in addition to injury from the predicate acts. Lightening Lube, Inc. v. Witco Corp., 4 F.3d ...
From Adams v. County of Erie, 2009 U.S. Dist. LEXIS 87289 (W.D. Pa. Sept. 23, 2009): To establish a claim under § 1962(b), the Plaintiff must allege an injury from the Defendants’ acquisition or control of an interest in a…
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Email Authentication — Recipient’s Testimony Sufficient — No Rule 37(c)(1) Prejudice from 26(a)(1) Nondisclosure of Person Actually Deposed

From U.S. EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): The EEOC authenticates the e-mail through the testimony of Sue Horne, who is the human resources manager for Main Street Ingredients and who personally retrieved the e-mail from Main Street's computer. Olsten argues that only the
From U.S. EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): The EEOC authenticates the e-mail through the testimony of Sue Horne, who is the human resources manager for Main Street Ingredients and…
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§ 1404(a) Transfer of Venue — Location of Physical Evidence Remains a Relevant Consideration Even in the Age of Electronic Discovery

From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009): That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does not render this factor superfluous." [Volkswagen of America, Inc., 545 F.3d 304, 3 ...
From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009): That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does…
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Effect of Corporate Counsel’s Failure to Document Upjohn Warning Is Privilege — Ninth Circuit Declines to Adopt Special Test for Assessing Whether Officer’s Statement to Corporate Counsel Is Privileged and, If So, Whether Company May Waive It

From United States v. Ruehle, 2009 U.S. App. LEXIS 21450 (9th Cir. Sept. 30, 2009) (Irell is corporate counsel for Broadcom, and Ruehle was the CFO of the Company at the time of Irell’s internal investigation): [Failure to Document Upjohn Warnings] [Footnote 3] At the evidentiary hearing the Irell attorneys t ...
From United States v. Ruehle, 2009 U.S. App. LEXIS 21450 (9th Cir. Sept. 30, 2009) (Irell is corporate counsel for Broadcom, and Ruehle was the CFO of the Company at the time of Irell’s internal investigation): [Failure to Document Upjohn…
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Does a Forum Selection Clause that Specifies a Particular County — But Not a Court System — Confer Jurisdiction on the Federal District Court that Encompasses, But Is Not Located in, the County? Circuit Split

From Nahigian v. Juno-Louduon, LLC, 2009 U.S. Dist. LEXIS 89133 (E.D. Va. Sept. 28, 2008): [Geographic vs. Sovereign Restriction] The Agreement provides that: "In connection with any litigation between Buyer and Seller arising out of this Agreement . . . [t]he sole venue for any litigation shall be Loudoun County, Vir ...
From Nahigian v. Juno-Louduon, LLC, 2009 U.S. Dist. LEXIS 89133 (E.D. Va. Sept. 28, 2008): [Geographic vs. Sovereign Restriction] The Agreement provides that: “In connection with any litigation between Buyer and Seller arising out of this Agreement . . .…
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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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