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

Special Masters and E-Discovery

Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York and Jonathan M. Redgrave have co-authored an extremely useful article, Special Masters and E-Discovery: The Intersection of Two Recent Revisions to the Federal Rules of Civil Procedure, 30 Cardozo L. Rev. 347 (2008). In addition to a scholarly exposition of t ...
Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York and Jonathan M. Redgrave have co-authored an extremely useful article, Special Masters and E-Discovery: The Intersection of Two Recent Revisions to the Federal…
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Attorney-Client Privilege — Negligent Misrepresentation Claim Does Not Place “at Issue” Advice of Plaintiff’s Counsel, Which Is Relevant on the Issue of Plaintiff’s Reasonable Reliance

From Morande Auto. Group, Inc. v. Metropolitan Group, Inc., 2009 U.S. Dist. LEXIS 19804 (D. Conn. Mar. 12, 2009): According to Morande's Fourth Amended Complaint, Morande contracted with the General American defendants for services relating to the implementation of an Employee Stock Ownership Plan ("ESOP"). Although the General American ...
From Morande Auto. Group, Inc. v. Metropolitan Group, Inc., 2009 U.S. Dist. LEXIS 19804 (D. Conn. Mar. 12, 2009): According to Morande’s Fourth Amended Complaint, Morande contracted with the General American defendants for services relating to the implementation of an…
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Civility with Teeth — Inherent Power Sanctions for Failing to Inform Law Firm Defendants of Claim Before Suit — Statutorily-Authorized Fees Withheld

The plaintiff in Sahyers v. Prugh, Holliday & Karatinos, P.L., 2009 U.S. App. LEXIS 5037 (11th Cir. Mar. 3, 2009), was a paralegal suing her former law firm and its partners for failure to pay overtime required by the Fair Labor Standards Act, under which a prevailing plaintiff is entitled to an award of some reasonable attorney's fees and costs. 29 U.S.C. ...
The plaintiff in Sahyers v. Prugh, Holliday & Karatinos, P.L., 2009 U.S. App. LEXIS 5037 (11th Cir. Mar. 3, 2009), was a paralegal suing her former law firm and its partners for failure to pay overtime required by the Fair…
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Removal — State Court Pre-Suit Discovery Proceeding Not Removable Based on Diversity

From In re Enable Commerce, Inc., 2009 U.S. Dist. LEXIS 18019 (N.D. Tex. Mar. 10, 2009), a proceeding for pre-suit discovery brought by Petitioner Enable pursuant to Texas Rule of Civil Procedure 202: [Prospective Defendant] United maintains that Enable's petition is removable based on diversity jurisdiction. The merit of United's positi ...
From In re Enable Commerce, Inc., 2009 U.S. Dist. LEXIS 18019 (N.D. Tex. Mar. 10, 2009), a proceeding for pre-suit discovery brought by Petitioner Enable pursuant to Texas Rule of Civil Procedure 202: [Prospective Defendant] United maintains that Enable’s petition…
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RICO — “Sole Proprietorship” Law Firm as RICO Enterprise, Lawyer as RICO Defendant

From Wade v. Gaither, 2009 U.S. Dist. LEXIS 17850 (D. Utah Mar. 2, 2009): *** To establish liability under § 1962(c), "one must allege and prove the existence of two distinct entities: (1) a 'person'; and (2) an 'enterprise' that is not simply the 'person' referred to by a different name." Cedric Kushner Promotions, Ltd. v. King,
From Wade v. Gaither, 2009 U.S. Dist. LEXIS 17850 (D. Utah Mar. 2, 2009): *** To establish liability under § 1962(c), “one must allege and prove the existence of two distinct entities: (1) a ‘person’; and (2) an ‘enterprise’ that…
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Class Actions — Standards for Interlocutory Review under Federal Rule of Civil Procedure 23(f) of Class Certification Orders

From Vallario v. Vandehey, 554 F.3d 1259 (10th Cir. 2009): Interlocutory review of a district court's class certification order is generally appropriate in three types of cases. The first such category is comprised of "death knell cases," which refers to situations in which a questionable class certification order is likely to force ...
From Vallario v. Vandehey, 554 F.3d 1259 (10th Cir. 2009): Interlocutory review of a district court’s class certification order is generally appropriate in three types of cases. The first such category is comprised of “death knell cases,” which refers to…
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Federal Arbitration Act — “Manifest Disregard” After Hall Street — Circuit Split — Fifth Circuit Summary

From Citigroup Global Mkts. Inc. v. Bacon, 2009 U.S. App. LEXIS 4543 (5th Cir. Mar. 9, 2009): The question before us now is whether, under the FAA, manifest disregard of the law remains valid, as an independent ground for vacatur, after Hall Street. The answer seems clear. Hall Street unequivocally held that the statutory ...
From Citigroup Global Mkts. Inc. v. Bacon, 2009 U.S. App. LEXIS 4543 (5th Cir. Mar. 9, 2009): The question before us now is whether, under the FAA, manifest disregard of the law remains valid, as an independent ground for vacatur,…
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Federal Arbitration Act — Court Must Look Through the Arbitration Clause to Ascertain Whether Underlying Dispute Confers Federal Jurisdiction — No Federal Jurisdiction Conferred by Counterclaim

From Vaden v. Discover Bank, No. 07-773, 2009 U.S. 1781 (U.S. Mar. 9, 2009): [No Federal Jurisdiction from Counterclaim.] A complaint purporting to rest on state law, we have recognized, can be recharacterized as one "arising under" federal law if the law governing the complaint is exclusively federal. See Beneficial Nat. Bank ...
From Vaden v. Discover Bank, No. 07-773, 2009 U.S. 1781 (U.S. Mar. 9, 2009): [No Federal Jurisdiction from Counterclaim.] A complaint purporting to rest on state law, we have recognized, can be recharacterized as one “arising under” federal law if…
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Recent Posts

§ 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

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

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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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