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

Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal the ...
Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal…
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§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

 In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. (& ...
In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. ("Top Matrix" or…
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RICO: Third-Party Payers Adequately Allege Causation Against Pharma Mfrs. for Omission of Known Safety Risk — Doctors Are Intermediaries But Not Intervening Cause — Circuit Split

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and ...
Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and one that has caused …
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Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

 In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Financ ...
In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Finance Ltd. ("Petitioners") and their principal, Dmitry Rybolovlev,…
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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

In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of us ...
In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of users and that, upon learning of this…
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Discovery Sanctions — Dismissal — Factors (6th Circuit)

 Blue v. City of River Rouge, 2019 U.S. App. LEXIS 33242 (6th Cir. Nov. 6, 2019): Sexual Sin De Un Abdul Blue, a pro se Michigan litigant, appeals a district court order that (1) dismissed his complaint, as ...
 Blue v. City of River Rouge, 2019 U.S. App. LEXIS 33242 (6th Cir. Nov. 6, 2019): Sexual Sin De Un Abdul Blue, a pro se Michigan litigant, appeals a district court order that (1) dismissed his complaint, as amended, for…
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Good Cause/Extraordinary Circs. Needed to Withdraw Consent to Magistrate Judge (§636(c)(4), Rule 73(b)(3)) Only After Adversary Consents, Else Is Discretionary — Decision of First Impression Doesn’t Change Law within Rule 60(b)(6), Is Retroactive

Parks v. Rohlfing, 2019 U.S. Dist. LEXIS 210958 (E.D. Cal. Dec. 6, 2019): ORDER On September 30, 2018, the court denied plaintiff's motion to withdraw his consent to a magistrate judge. ECF ...
Parks v. Rohlfing, 2019 U.S. Dist. LEXIS 210958 (E.D. Cal. Dec. 6, 2019): ORDER On September 30, 2018, the court denied plaintiff's motion to withdraw his consent to a magistrate judge. ECF No. 101. Plaintiff now moves for reconsideration of…
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Whether Claimant’s Arbitration Concerns Same Dispute As Respondent’s Prior Arbitration with Others & Thus Must Be Heard by Same Panel Is for New Panel to Decide — Court Cannot Prejudge It by Compelling Arbitration before Old Panel

Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of ...
Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not…
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Rule 11 Sanctions — Filing Claim That Was Required To Be Asserted as Compulsory Counterclaim in Prior Action Is Frivolous, As Is Asserting As Grounds for Remand Argument Nearly Identical to One Earlier Rejected

Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home of Donato Telesco and Anita Pettengill ...
Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home …
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RICO: Injury to Credit Score Is Not RICO Injury to Business or Property

Injury to credit score is a “generalized reputational harm[ that is] too speculative to constitute an injury to business or property.”  Alphas Co. of New York Inc. v. Hunts Point Terminal, 2017 WL 1929506  at *4 (S.D.N.Y. May 9, 2017).  Accord: Angermeier v. Cohen 14 F. Supp. 3d 134,152 (“an adverse entry in a ...
Injury to credit score is a “generalized reputational harm[ that is] too speculative to constitute an injury to business or property.”  Alphas Co. of New York Inc. v. Hunts Point Terminal, 2017 WL 1929506  at *4 (S.D.N.Y. May 9, 2017). …
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Recent Posts

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Burden Is On Noncompliant Party to Prove Harmlessness — Court Need Not Hold Hearing If Noncompliant Party Fails to Argue Harmlessness, Even When Exclusion Is Tantamount to Dismissal

RICO: (1) Continuity: 4th Circuit Factors — (2) 4th Circuit Reserves RICO Liability for Unlawful Activities That Pose A Special Threat to Social Well-Being — (3) For Purposes of Determining Closed-Ended Continuity, Even Time-Barred Conduct Considered — (4) No Open-Ended Continuity If Racketeering Activity Has Built-In Ending Point — (5) Unlike General Federal Conspiracy, RICO Conspiracy Doesn’t Require Each Defendant to Perform an Overt Act in Furtherance of the Conspiracy

Whether Party Waived Arbitration by Litigating Is a Question for the Court, Not the Arbitrator

RICO: (1) Assignability of RICO Claims Uncertain — (2) Declining to Decide Whether Indirect-Purchaser Rule Applies to RICO (Given the Directness Requirement, How Much Does It Matter?) — (3) Two Types of Directness of Injury in Proximate Cause Analysis — (4) Proximate Cause As a Court Not Jury Issue in the First Instance

(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

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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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