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

Inherent Power Sanctions May Be Imposed on Lawyer for Violation of Court Order (Failure to Appear, Prosecute) Or Other Misconduct Not Undertaken for the Client’s Benefit without a Showing of Bad Faith (2d Cir.)

In re Sanchez (Rosellini v. U.S. Bankruptcy Court), 2019 WL 5596472 (2d Cir. Oct. 30, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court dated May 19, 2017, and February 6, 2018, are AFFIRMED. App ...
In re Sanchez (Rosellini v. U.S. Bankruptcy Court), 2019 WL 5596472 (2d Cir. Oct. 30, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court dated May 19, 2017, and…
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§1927 Sanctions: Clear & Convincing Evid. Only If Cost of Whole Case Shifted — Persistent Prosecution of Baseless Claim Enough — Can’t Rely on Client If “Glaring Red Flags” (Many Good Quotes)

Morrison v. Walker, 2019 WL 4782749 (5th Cir. Oct. 1, 2019): *1 Litigation abuse is nothing new. Since 1813, when James Madison was president, a one-sentence federal statute has authorized monetary sanctions against attorneys who misuse the litigation process. ...
Morrison v. Walker, 2019 WL 4782749 (5th Cir. Oct. 1, 2019): *1 Litigation abuse is nothing new. Since 1813, when James Madison was president, a one-sentence federal statute has authorized monetary sanctions against attorneys who misuse the litigation process.1…
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Advocate-Witness Rule (3.7) — Lawyer in Bad Faith Insurance Action Who Represented Plaintiff in Underlying Suit = Necessary Witness & Disqualified — Not All Participation in Bad Faith Suit Barred

 Timlick v. Liberty Mut. Ins. Co., 2019 U.S. Dist. LEXIS 174208 (D. Mont. Oct. 7, 2019): Defendants Liberty Mutual Insurance Company and Safeco Insurance Company of Illinois have filed a motion to disqualify ...
Timlick v. Liberty Mut. Ins. Co., 2019 U.S. Dist. LEXIS 174208 (D. Mont. Oct. 7, 2019): Defendants Liberty Mutual Insurance Company and Safeco Insurance Company of Illinois have filed a motion to disqualify Plaintiff Jay Timlick's counsel, Gary Crowe, pursuant…
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Wayback Machine — Judicial Notice OK— Even If Not, Court Could Consider Internet Archive Corporate Witness’s Affidavits Authenticating the Technology from Other Cases Pursuant to Rule 104(a)

Pohl v. Mh Sub I, 2019 U.S. Dist. LEXIS 182695 (N.D. Fla. Oct. 23, 2019): ORDER ON MOTIONS IN LIMINE AND SANCTIONS This Court has considered, without hearing, parties' vario ...
Pohl v. Mh Sub I, 2019 U.S. Dist. LEXIS 182695 (N.D. Fla. Oct. 23, 2019): ORDER ON MOTIONS IN LIMINE AND SANCTIONS This Court has considered, without hearing, parties' various motions. For the reasons stated below, Plaintiff's Motion in Limine,…
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Arbitration: Evident Partiality—Arbitrator Must Disclose Ownership Interest in Administering Entity & Whether Either Party Has Had Prior Non-Trivial Business Dealings — When Party Has Constructive Knowledge of Evident Partiality

Monster Energy Co. v. City Bevs., LLC, 2019 U.S. App. LEXIS 31388 (9th Cir. Oct. 22, 2019): City Beverages, LLC, doing business as Olympic Eagle Distributing [*4]  (Olympic Eagle), and Monster Energy Co. (M ...
Monster Energy Co. v. City Bevs., LLC, 2019 U.S. App. LEXIS 31388 (9th Cir. Oct. 22, 2019): City Beverages, LLC, doing business as Olympic Eagle Distributing [*4]  (Olympic Eagle), and Monster Energy Co. (Monster) signed an agreement providing exclusive distribution…
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The Existence of a Default Judgment against a Foreign State Can Establish Venue in the District in Which It Was Entered If the Foreign State Attempts to Open Up the Judgment (28 U.S.C. § 1391(f)(1))

Gater Assets Ltd. v. AO Gazsnabtranzit, 2019 U.S. Dist. LEXIS 167195 (S.D.N.Y. Sept. 27, 2019): Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's (&q ...
Gater Assets Ltd. v. AO Gazsnabtranzit, 2019 U.S. Dist. LEXIS 167195 (S.D.N.Y. Sept. 27, 2019): Before the Court are a number of motions relating to Plaintiff-Petitioner Gater Assets Limited's ("Plaintiff") attempt to enforce an arbitration award against Defendants AO Moldovagaz …
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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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Experts: Opinion Expressed As “Belief” Satisfies Daubert If It Reflects Conclusions Based on Actual Knowledge, Not “Mere Belief Or Speculation” — Rule 37(c)(1) Sanctions: Exclusion Not Automatic

 Turner v. Phillips 66 Co., 2019 U.S. App. LEXIS 30880 (10th Cir. Oct. 16, 2019) (unpublished): Richard Turner appeals the grant of summary judgment in favor of Phillips 66 Company on his claims under the
Turner v. Phillips 66 Co., 2019 U.S. App. LEXIS 30880 (10th Cir. Oct. 16, 2019) (unpublished): Richard Turner appeals the grant of summary judgment in favor of Phillips 66 Company on his claims under the Americans with Disabilities Act (ADA)…
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Rule 11 Sanctions: “In Rare Cases, District Courts May Dismiss … for Willful, Malicious & Flagrant Violations” — “Malicious Abuse of Process Justifies Dismiss[al]” (Good Quotes)

Tyagi v. Smith, 2019 WL 5304639 (7th Cir. Oct. 21, 2019): *1 Sanjay Tyagi, Alka Jagatia, and their child, A.T., appeal the dismissal of their case as a sanction under
Tyagi v. Smith, 2019 WL 5304639 (7th Cir. Oct. 21, 2019): *1 Sanjay Tyagi, Alka Jagatia, and their child, A.T., appeal the dismissal of their case as a sanction under Federal Rules of Civil Procedure 11 and 37. The…
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Experts — Factual Basis for Opinion Generally Goes to Credibility, Not Admissibility — Cross, Contrary Evidence, Burden of Proof Are Means to Attack Shaky But Admissible Evidence (Good Quotes)

 Klingenberg v. Vulcan Ladder USA, LLC, 2019 U.S. App. LEXIS 26216 (8th Cir. Aug. 29, 2019): Jeffrey Klingenberg and his wife sued Vulcan Ladder USA, LLC, and GP International Company, for a design d ...
Klingenberg v. Vulcan Ladder USA, LLC, 2019 U.S. App. LEXIS 26216 (8th Cir. Aug. 29, 2019): Jeffrey Klingenberg and his wife sued Vulcan Ladder USA, LLC, and GP International Company, for a design defect and breach of express warranty. After …
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Recent Posts

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

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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