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: Vexatious Litigant Injunction Should Be Sought in District Court in First Instance — Circuit-Wide Filing Injunction OK If Multiple Courts, Claims Have Been Raised

 Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring (" ...
Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring ("3M")1 in federal court alleging that an ankle-monitoring bracelet 3M manufactured was …
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Doubts Resolved in Favor of Disqualification But Movant’s Burden Is Heavy — Substantially Related = (1) Received Confidential Info Usable against Ex-Client Or (2) Facts of Old Representation Are Relevant to New

 Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 ...
Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 All NJ 7, LLC's (the "business") (collectively, "Defendants") Motion to Disqualify …
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Judicial Notice of Internet Evidence: Public Records and Government Documents from Reliable Sources on the Internet

 Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public reco ...
Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public records and government documents, including those available from reliable sources on …
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Court of Appeals Always Reluctant to Create Circuit Split, Especially In Bankruptcy Law, Which Requires Uniformity

 Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge:
Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge: Treating the Appellees' and Intervenors' Joint Petition for…
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Appeals: District Court’s Interpretation of Local Rules Reviewed for Abuse of Discretion — D.Ct. May Disregard Counterstatement of Undisputed Facts As Not Contemplated by Rule Requiring Statement of Undisputed Facts on Summary Judgment

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of
Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371.…
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Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

 State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court ...
State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court of Ritchie County…
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Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

Securities:  Judicial Notice (JN) of Wayback Machine OK — Improper for Defs. to Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & 10b5-1 Plan Only for Fact Sales Made Thereunder
Securities:  Judicial Notice (JN) of Wayback Machine OK — Improper for Defs. to Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & 10b5-1 Plan Only for Fact Sales …
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Under Fed. R. Civ. P. 25(a)(1), Does the 90-Day Period for Substitution Run from Service of Suggestion of Death on the Parties, Or Must the Non-Party Executor (Or Person Most Likely to Be Named Executor) Also Be Served? (Circuit Split)

 Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December ...
Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December 20, 2018 Order. (Docs. 43, 45.) For the reasons set forth [*2] …
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Possession of Professional (Law) License, Absent Practice in State, Insufficient to Confer Personal Jurisdiction — No Private Right of Action under Mail, Wire Fraud Statutes

Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court for the District of New Jersey an amended complaint nami ...
Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court …
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Judicial Notice of Internet Evidence: “The Court Generally Has the Discretion to Take Judicial Notice of Internet Material” (Good Quote)

 Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE
Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE BARBARA MOSES, United States Magistrate Judge. Plaintiff Kennedy Stock, LLC…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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