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

Summary Judgment — Rule Barring Affidavit That Conflicts with Deposition Testimony Applied to Expert

From Johnson v. Louisville Ladder, 2008 U.S. Dist. LEXIS 102031 (S.D. Ala. Nov. 14, 2008): In this case, Plaintiff has submitted the testimony of Dr. Dobbs in order to support his theory that a design defect caused the ladder's right foot to bend inward while he was standing on the ladder, causing him to fall. Defendants contend that cer ...
From Johnson v. Louisville Ladder, 2008 U.S. Dist. LEXIS 102031 (S.D. Ala. Nov. 14, 2008): In this case, Plaintiff has submitted the testimony of Dr. Dobbs in order to support his theory that a design defect caused the ladder’s right…
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Gaps in Federal Rule of Evidence 502: Larry Fox’s View

Download associated file: Fox on Gaps in New Rule 502.pdf  Lawrence J. Fox, a former Chair of (1) the ABA Standing Committee on Ethics and Professional Responsibility and (2) the ABA Section of Litigation, has identified what he considers to be "four really important issu ...
Download associated file: Fox on Gaps in New Rule 502.pdf  Lawrence J. Fox, a former Chair of (1) the ABA Standing Committee on Ethics and Professional Responsibility and (2) the ABA Section of Litigation, has identified what he considers…
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Taxing Costs of Both Video and Stenographic Record of Deposition

From Jackson v. UPS, Inc., 2008 U.S. Dist. LEXIS 101385 (S.D. Ill. Dec. 16, 2008), in which defendant UPS sought to tax costs after prevailing on summary judgment, not trial: The Court finds merit in only one of Jackson's objections to UPS' Bill of Costs — the request to recover $ 898.75 for videotaping Plaintiff Jackson's deposition... ...
From Jackson v. UPS, Inc., 2008 U.S. Dist. LEXIS 101385 (S.D. Ill. Dec. 16, 2008), in which defendant UPS sought to tax costs after prevailing on summary judgment, not trial: The Court finds merit in only one of Jackson’s objections…
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Text of New York Rules of Professional Conduct (Effective 4/1/09)

Download associated file: NY Rules of Professional Conduct.pdf  Attached you will find the text of the New York Rules of Professional Conduct, which take effect on April 1, 2009. ...
Download associated file: NY Rules of Professional Conduct.pdf  Attached you will find the text of the New York Rules of Professional Conduct, which take effect on April 1, 2009.…
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Additional Counterclaim Defendant May Not Remove under 28 U.S.C. § 1441 (General) or § 1453 (CAFA)

An additional counterclaim defendant is not a “defendant” within the meaning of the removal statutes, under Palisades Collections LLC v. Shorts, 2008 U.S. App. LEXIS 25165 (4th Cir. Dec. 16, 2008): This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defen ...
An additional counterclaim defendant is not a “defendant” within the meaning of the removal statutes, under Palisades Collections LLC v. Shorts, 2008 U.S. App. LEXIS 25165 (4th Cir. Dec. 16, 2008): This case presents an issue of first impression —…
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Transferee Court Has Power to Sanction Frivolous Filings Made in Transferor Court

From Anderson v. Wade, 2008 U.S. App. LEXIS 24772 (4th Cir. Dec. 5, 2008): In determining that it lacked authority to impose sanctions against Anderson for filings that were made in the Virginia district court, the district court relied on Edwards v. General Motors Corp., 153 F.3d 242 (5th Cir. 1998), In re Allnutt, 155 F.3 ...
From Anderson v. Wade, 2008 U.S. App. LEXIS 24772 (4th Cir. Dec. 5, 2008): In determining that it lacked authority to impose sanctions against Anderson for filings that were made in the Virginia district court, the district court relied on…
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Sole Proprietorship May Proceed Pro Se in Federal Court

From A. L. Enters. v. Sebron, 2008 U.S. Dist. LEXIS 100391 (D. Utah Dec. 10, 2008): Many cases have recognized that although an entity cannot appear pro se, an exception exists when an entity is a sole proprietorship, because "a sole proprietorship has no legal existence apart from its owner." [Footnote 3. United States v. F ...
From A. L. Enters. v. Sebron, 2008 U.S. Dist. LEXIS 100391 (D. Utah Dec. 10, 2008): Many cases have recognized that although an entity cannot appear pro se, an exception exists when an entity is a sole proprietorship, because “a…
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$16.8 Million Sanction Upheld Under 35 U.S.C. § 285 and Inherent Power of the Court

The overwhelming bulk of the $16.8 million in sanctions imposed in Takeda Chem. Indus. v. Mylan Labs., Inc., 2008 U.S. App. LEXIS 24743 (Fed. Cir. Dec. 8, 2008), was awarded under 35 U.S.C. § 285, which provides that, in a patent case, a trial court "in exceptional cases may award reasonable attorney fees to the prevailing party." However, expert witness fe ...
The overwhelming bulk of the $16.8 million in sanctions imposed in Takeda Chem. Indus. v. Mylan Labs., Inc., 2008 U.S. App. LEXIS 24743 (Fed. Cir. Dec. 8, 2008), was awarded under 35 U.S.C. § 285, which provides that, in a…
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No Adverse Possession of Intellectual Property Rights

From Picture Patents, LLC v. Terra Holdings LLC, 2008 U.S. Dist. LEXIS 98030 (S.D.N.Y. Dec. 3, 2008): ... I am aware that IBM has had actual knowledge of the claim by plaintiff's assignor that she owns the invention for approximately fifteen years and that IBM has taken no steps to assert ownership. However, unless and until adverse poss ...
From Picture Patents, LLC v. Terra Holdings LLC, 2008 U.S. Dist. LEXIS 98030 (S.D.N.Y. Dec. 3, 2008): … I am aware that IBM has had actual knowledge of the claim by plaintiff’s assignor that she owns the invention for approximately…
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Spoliation & Summary Judgment Plus a New Species of Sub-Spoliation

From Wood v. Pittsford Central School Dist., 2008 U.S. App. LEXIS 24733 (2d Cir. Dec. 8, 2008): Finally, for summary judgment purposes, we cannot foreclose the possibility of an adverse spoliation inference on this record. "In borderline cases, an inference of spoliation, in combination with 'some (not insubstantial) evidence' for the ...
From Wood v. Pittsford Central School Dist., 2008 U.S. App. LEXIS 24733 (2d Cir. Dec. 8, 2008): Finally, for summary judgment purposes, we cannot foreclose the possibility of an adverse spoliation inference on this record. “In borderline cases, an inference…
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Recent Posts

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

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

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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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