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

Less Stringent Review Accorded Pro Se Complaint Even After Twombly and Iqbal — But Not When Filed by Disbarred Lawyer

From Fagan v. United States District Court, 2009 U.S. Dist. LEXIS 63629 (S.D.N.Y. July 24, 2009): Even after Twombly and Iqbal, when reviewing a pro se complaint, the Court must use less stringent standards than if the complaint had been drafted by counsel and must construe a pro se complaint liberally. See ...
From Fagan v. United States District Court, 2009 U.S. Dist. LEXIS 63629 (S.D.N.Y. July 24, 2009): Even after Twombly and Iqbal, when reviewing a pro se complaint, the Court must use less stringent standards than if the complaint had been…
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Failure to Afford 21 Days’ Notice of Rule 11 Motion Requires Denial — Warning Letter Is No Substitute for a Motion

From Wild Game NG, LLC v. Wong’s Int’l (USA) Corp., 2009 U.S. App. LEXIS 16257 (9th Cir. June 12, 2009): Party-initiated sanctions under Rule 11 require strict compliance with the 21-day safe harbor provision of Rule 11. See Fed. R. Civ. P. 11(c)(2). Informal warnings threatening to seek Rule 11 sanctions are not enough, because th ...
From Wild Game NG, LLC v. Wong’s Int’l (USA) Corp., 2009 U.S. App. LEXIS 16257 (9th Cir. June 12, 2009): Party-initiated sanctions under Rule 11 require strict compliance with the 21-day safe harbor provision of Rule 11. See Fed. R.…
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In Awarding Statutory Attorneys’ Fees, Court May Consider that Verdict was Substantially Less than Pretrial Settlement Offer in Assessing Success

From Lohman v. Borough, 2009 U.S. App. LEXIS 16245 (3d Cir. July 23, 2009): The jury awarded Lohman $ 12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman's three First Amendment retaliation claims. Lohman contends that the District Court improperly considered settlement negotiations between the ...
From Lohman v. Borough, 2009 U.S. App. LEXIS 16245 (3d Cir. July 23, 2009): The jury awarded Lohman $ 12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman’s three First Amendment retaliation claims. Lohman…
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Electronic Discovery — Sweeping Requests for Metadata as a Waste of Time and Money

From Dahl v. Bain Capital Partners, LLC, 2009 U.S. Dist. LEXIS 52551, at *7 (D. Mass. June 22, 2009): The court's concern over the goal of discovery is also relevant to the parties' dispute over metadata.... [T]he court believes the parties must be concerned with uncovering admissible evidence. The Shareholders seek all of the metadata a ...
From Dahl v. Bain Capital Partners, LLC, 2009 U.S. Dist. LEXIS 52551, at *7 (D. Mass. June 22, 2009): The court’s concern over the goal of discovery is also relevant to the parties’ dispute over metadata…. [T]he court believes the…
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RICO Claims Not “Preempted” by Fair Labor Standards Act — Caselaw Split

From Kuznyetsov v. West Penn Allegheny Health Sys., Inc., 2009 U.S. Dist. LEXIS 61620 (W.D. Pa. July 20, 2009): Plaintiffs have sued Defendants alleging, inter alia, violations under the Fair Labor Standards Act ("FLSA"), the Employee Retirement Income Security Act ("ERISA") and the Racketeer Influenced and Corrupt Organizations A ...
From Kuznyetsov v. West Penn Allegheny Health Sys., Inc., 2009 U.S. Dist. LEXIS 61620 (W.D. Pa. July 20, 2009): Plaintiffs have sued Defendants alleging, inter alia, violations under the Fair Labor Standards Act (“FLSA”), the Employee Retirement Income Security Act…
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Computer Hacker Who Trades on Illicitly-Obtained Information May Violate § 10(b) Even Though Hacker Breaches No Fiduciary Duty — Circuit Split

The computer hacker in Securities and Exchange Commission v. Dorozhko, 2009 U.S. App. LEXIS 16057 (2d Cir. July 22, 2009), made a $200,000 profit overnight by hacking into a secure server to obtain earnings information hours before it was publicly announced and buying $40,000 worth of put options. The District Court held that this illegal conduct did not ren ...
The computer hacker in Securities and Exchange Commission v. Dorozhko, 2009 U.S. App. LEXIS 16057 (2d Cir. July 22, 2009), made a $200,000 profit overnight by hacking into a secure server to obtain earnings information hours before it was publicly…
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Absolute vs. Limited Protection for Opinion Work Product — Caselaw Split

From Monarch Fire Protection Dist. V. Freedom Consulting & Auditing Servs., Inc., 2009 U.S. Dist. LEXIS 60988 (E.D. Mo. July 16, 2009): The work product doctrine "is broader than and distinct from the attorney-client privilege." In re Foster, 188 F.3d 1259, 1272 (10th Cir. 1999) (citing United States v. Nobles, 42 U.S. 225, ...
From Monarch Fire Protection Dist. V. Freedom Consulting & Auditing Servs., Inc., 2009 U.S. Dist. LEXIS 60988 (E.D. Mo. July 16, 2009): The work product doctrine “is broader than and distinct from the attorney-client privilege.” In re Foster, 188 F.3d…
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Senate Bill Introduced to Reverse Twombly and Iqbal

Download associated file: Notice Pleading Restoration Act of 2009.pdf  Senator Arlen Specter has introduced the attached Notice Pleading Restoration Act of 2009, which would revive Conley v. Gibson as the sole standard pursuant to which 12(b)(6) motions could be de ...
Download associated file: Notice Pleading Restoration Act of 2009.pdf  Senator Arlen Specter has introduced the attached Notice Pleading Restoration Act of 2009, which would revive Conley v. Gibson as the sole standard pursuant to which 12(b)(6) motions could be…
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Second Circuit Recognizes that Initial Complaint May Warrant Sanctions under 28 U.S.C. § 1927

From Gollomp v. Spitzer, 568 F.3d 355 (2d Cir. 2009): As discussed above, the District Court made three findings of "conduct constituting or akin to bad faith," In re 60 E. 80th St. Equities, 218 F.3d at 115: (1) the "incredible" assertion by plaintiff's counsel that they had "researched all legal arguments and made no legal argum ...
From Gollomp v. Spitzer, 568 F.3d 355 (2d Cir. 2009): As discussed above, the District Court made three findings of “conduct constituting or akin to bad faith,” In re 60 E. 80th St. Equities, 218 F.3d at 115: (1) the…
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Waiver of Work Product Protection by Disclosure in Settlement Discussions — Waiver as to One Defendant Effects Waiver as to All

From In re Urethane Antitrust Litig., 2009 U.S. Dist. LEXIS 60496 (D. Kan. July 15, 2009): Work-product protection is waived when privileged documents are voluntarily disclosed to an adversary because "[d]isclosure to an adversary is clearly inconsistent with the rule's goal of promoting the adversarial system." "Such a waiver occurs eve ...
From In re Urethane Antitrust Litig., 2009 U.S. Dist. LEXIS 60496 (D. Kan. July 15, 2009): Work-product protection is waived when privileged documents are voluntarily disclosed to an adversary because “[d]isclosure to an adversary is clearly inconsistent with the rule’s…
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Recent Posts

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

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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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