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

Tentative Experts

Three cases: • From Nomo Agroindustrial SA de CV v. Enza Zaden N. Am., Inc., 2009 U.S. Dist. LEXIS 8657 (D. Ariz. Jan. 29, 2009): See U.S. v. Rahm, 993 F.2d 1405, 1410, 1412 (9th Cir. 1993)(emphasizing that "[c]ertainty is an unreasonable expectation in the realm of expert opinion. [An expert's] use of t ...
Three cases: • From Nomo Agroindustrial SA de CV v. Enza Zaden N. Am., Inc., 2009 U.S. Dist. LEXIS 8657 (D. Ariz. Jan. 29, 2009): See U.S. v. Rahm, 993 F.2d 1405, 1410, 1412 (9th Cir. 1993)(emphasizing that “[c]ertainty is…
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Expedited Discovery — Good Cause — Required Showing

From Giltnane v. TVA, 2009 U.S. Dist. LEXIS 6734 (E.D. Tenn. Jan. 30, 2009), quoting In re Paradise Valley Holdings, Inc., No. 03-34704, 2005 Bankr. LEXIS 2951 (Bankr. E.D. Tenn. Dec. 29, 2005): "'Although [Rule 26(d)] does not say so, it is implicit that some showing of good cause should be made to justify [an order allowing e ...
From Giltnane v. TVA, 2009 U.S. Dist. LEXIS 6734 (E.D. Tenn. Jan. 30, 2009), quoting In re Paradise Valley Holdings, Inc., No. 03-34704, 2005 Bankr. LEXIS 2951 (Bankr. E.D. Tenn. Dec. 29, 2005): “‘Although [Rule 26(d)] does not say so,…
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Inherent Power Sanctions — Full Cost of Defense Imposed on Plaintiff for Perjury, Fabrication of Evidence, and Attacks on Opposing Counsel

From Barash v. Kates, 2008 U.S. Dist. LEXIS 106809 (S.D. Fla. Oct. 23, 2008): ...Barash should be sanctioned for the full amount of attorney's fees incurred by Kates in defending this action. Standing alone, perjury is both a "serious offense that results in incalculable harm to the functioning and integrity of the legal system as well a ...
From Barash v. Kates, 2008 U.S. Dist. LEXIS 106809 (S.D. Fla. Oct. 23, 2008): …Barash should be sanctioned for the full amount of attorney’s fees incurred by Kates in defending this action. Standing alone, perjury is both a “serious offense…
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Arbitration — Right to Appeal from Confirmation Subsumes Right to Appeal from Refusal to Modify Award — “Manifest Disregard” Is Not a Ground to Modify

From Grain v. Trinity Health, 551 F.3d 374 (6th Cir. Dec. 24, 2008): [Right to Appeal Unmodified Award.] Grain and Barnes filed this action under the Federal Arbitration Act, seeking to confirm the arbitrators' decision in part (by upholding their liability ruling) and seeking to modify the arbitrators' decision in part (by incre ...
From Grain v. Trinity Health, 551 F.3d 374 (6th Cir. Dec. 24, 2008): [Right to Appeal Unmodified Award.] Grain and Barnes filed this action under the Federal Arbitration Act, seeking to confirm the arbitrators’ decision in part (by upholding their…
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Privilege — Waiver — School Board President Lacks Authority to Waive Privilege of Board

From Sampson v. School Dist. of Lancaster, 2008 U.S. Dist. LEXIS 91421 (E.D. Pa. Nov. 5, 2008): Defendants rely on the same statute [24 P.S. § 4-427 (2008)] and contend that [School Board President] Dixon's distribution of the [privileged] Weldon Memorandum to Plaintiff was an ultra vires act. Defendants contend that Dixon had no author ...
From Sampson v. School Dist. of Lancaster, 2008 U.S. Dist. LEXIS 91421 (E.D. Pa. Nov. 5, 2008): Defendants rely on the same statute [24 P.S. § 4-427 (2008)] and contend that [School Board President] Dixon’s distribution of the [privileged] Weldon…
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“Marginally Coherent” Pro Se Filings Not Sanctioned

From Marvel v. Cooley, 2009 U.S. Dist. LEXIS 6584 (S.D. Ind. Jan. 28, 2009): In an attachment to her complaint, Marvel lists six prior related complaints that she has filed. In addition to the six prior complaints that Marvel lists, the Court notes Marvel has filed two additional related actions in the Northern District of Indiana. For v ...
From Marvel v. Cooley, 2009 U.S. Dist. LEXIS 6584 (S.D. Ind. Jan. 28, 2009): In an attachment to her complaint, Marvel lists six prior related complaints that she has filed. In addition to the six prior complaints that Marvel lists,…
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Employee’s Running Standard Outlook Cleanup Program Before Exiting Company Does Not Give Rise to Spoliation Inference; Deletion of Images from Web Surfing Not Suspicious

In Thermodyn Corp. v. 3M Co., 2008 U.S. Dist. LEXIS 106804 (N.D. Ohio Dec. 17, 2008), the plaintiff employer sued a former employee (Kaufman) for allegedly stealing trade secrets and providing them to a competitor of his former employer (3M): [Plaintiff] Thermodyn argues the [adverse] inference is appropriate because Kaufman deleted some ...
In Thermodyn Corp. v. 3M Co., 2008 U.S. Dist. LEXIS 106804 (N.D. Ohio Dec. 17, 2008), the plaintiff employer sued a former employee (Kaufman) for allegedly stealing trade secrets and providing them to a competitor of his former employer (3M):…
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Arbitration — “Manifest Disregard” Survives Hall Street — Ninth Circuit Joins Second

From Comedy Club, Inc. v. Improv West Assocs., 2009 U.S. App. LEXIS 1634 (9th Cir. Jan. 29, 2009): *** We determine that Hall Street Associates does not undermine our prior precedent, Kyocera Corp. v. Prudential-Bache T. Servs., 341 F.3d 987 (9th Cir. 2003) (en banc). As a result, in this circuit, an arbitrator's manifest disrega ...
From Comedy Club, Inc. v. Improv West Assocs., 2009 U.S. App. LEXIS 1634 (9th Cir. Jan. 29, 2009): *** We determine that Hall Street Associates does not undermine our prior precedent, Kyocera Corp. v. Prudential-Bache T. Servs., 341 F.3d 987…
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Second Circuit Voids Class Action Waiver in Commercial Arbitration Contract Where Enforcing It Would Effectively Confer Antitrust Immunity — Declines to Decide General Enforceability of Such Clauses

From In re American Express Merchants’ Litig., 2009 U.S. App. LEXIS 1646 (2d Cir. Jan. 30, 2009): This Court frequently enforces mandatory arbitration clauses contained in commercial contracts. We do so on the principle that "it is difficult to overstate the strong federal policy in favor of arbitration, and it is a policy we have ofte ...
From In re American Express Merchants’ Litig., 2009 U.S. App. LEXIS 1646 (2d Cir. Jan. 30, 2009): This Court frequently enforces mandatory arbitration clauses contained in commercial contracts. We do so on the principle that “it is difficult to overstate…
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Experts —Daubert Factors — Third Circuit

From Zombeck v. Amada Am., Inc., 2009 U.S. Dist. LEXIS 6443 (W.D. Pa. Jan. 29,. 2009): In assessing the reliability of a proffered expert's testimony, a trial court must focus not on the substance of the expert's conclusions, but on whether those conclusions were generated by a reliable methodology. Daubert, 509 U.S. at 590. To a ...
From Zombeck v. Amada Am., Inc., 2009 U.S. Dist. LEXIS 6443 (W.D. Pa. Jan. 29,. 2009): In assessing the reliability of a proffered expert’s testimony, a trial court must focus not on the substance of the expert’s conclusions, but on…
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Recent Posts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

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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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