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

Typed Signature at End of Email Satisfies Statute of Frauds

From R.D. Weis & Co. v. Children’s Place Retail Stores, 2008 U.S. Dist. LEXIS 94542 (S.D.N.Y. Nov. 19, 2008) (dicta): [Footnote] 2 The Court notes that even if no exception to the statute of frauds applies, the electronic signatures at the bottom of the e-mails may qualify as signed writings by TCP. Courts have held that a typed sign ...
From R.D. Weis & Co. v. Children’s Place Retail Stores, 2008 U.S. Dist. LEXIS 94542 (S.D.N.Y. Nov. 19, 2008) (dicta): [Footnote] 2 The Court notes that even if no exception to the statute of frauds applies, the electronic signatures at…
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Sanctions — Withdrawing Four Successive Putative Class Plaintiffs and Then Dismissing Action Sanctionable under 28 U.S.C. § 1927

Plaintiffs’ counsel in Jensen v. Phillips Screw Co., 2008 U.S. App. LEXIS 23076 (1st Cir. Oct. 29, 2008), proposed and withdrew four successive putative lead plaintiffs, at which point they dismissed the class action. The defense sought sanctions under 28 U.S.C. § 1927 for unreasonable and vexatious multiplication of the litigation.
Plaintiffs’ counsel in Jensen v. Phillips Screw Co., 2008 U.S. App. LEXIS 23076 (1st Cir. Oct. 29, 2008), proposed and withdrew four successive putative lead plaintiffs, at which point they dismissed the class action. The defense sought sanctions under 28…
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A Sensible Approach to Calming Waters Roiled by Cross-Sanctions Motions

Both the Union and the employer in Teamsters Local Union No. 473 v. Beacon Journal Publishing Co., 2008 U.S. Dist. LEXIS 78758 (N.D. Ohio Aug. 6, 2008), moved for sanctions again one another. The employer’s motion was denied for failure to satisfy the 21-day safe harbor; the Union didn’t make that mistake. Did it make sense to imposed sanctions on one ...
Both the Union and the employer in Teamsters Local Union No. 473 v. Beacon Journal Publishing Co., 2008 U.S. Dist. LEXIS 78758 (N.D. Ohio Aug. 6, 2008), moved for sanctions again one another. The employer’s motion was denied for failure…
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Civil RICO, Ripeness, and Extraterritoriality

A civil RICO judgment was entered against the defendant in Liquidation Comm'n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339 (11th Cir. 2008), a Florida businessman, in the amount of approximately $177 million as a result of transactions with the plaintiff’s predecessor in interest, BanInter (Banco Intercontinental) of the Dominican Republic. As d ...
A civil RICO judgment was entered against the defendant in Liquidation Comm’n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339 (11th Cir. 2008), a Florida businessman, in the amount of approximately $177 million as a result of transactions with…
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§ 1927 Sanctions for Failing to Comply with Settlement Agreement — Extrajudicial Misbehavior

From Hubbard v. Yardage Town, Inc., 2008 U.S. App. LEXIS 20896 (9th Cir. Sept. 8, 2008): The district court did not abuse its discretion in awarding sanctions in this case because Peters needlessly multiplied the litigation by refusing to comply with the parties' settlement agreement. See 28 U.S.C. § 1927 (permitting the d ...
From Hubbard v. Yardage Town, Inc., 2008 U.S. App. LEXIS 20896 (9th Cir. Sept. 8, 2008): The district court did not abuse its discretion in awarding sanctions in this case because Peters needlessly multiplied the litigation by refusing to comply…
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Monies Paid under License to Stay Injunction Pending Appeal Are Recoverable upon Reversal of Injunction Even Though Payor Had Choice Not to Pay

In Broadcom Corp. v. Qualcomm Inc., 2008 U.S. Dist. LEXIS 91378 (C.D. Cal. Oct. 29, 2008), the trial court entered a preliminary injunction ordering Qualcomm to stop infringing a patent of Broadcom’s but staying the injunction pending appeal if Qualcomm royalties to Broadcom. While the case was on appeal, Qualcomm paid $11 million in royalties to Broadcom. ...
In Broadcom Corp. v. Qualcomm Inc., 2008 U.S. Dist. LEXIS 91378 (C.D. Cal. Oct. 29, 2008), the trial court entered a preliminary injunction ordering Qualcomm to stop infringing a patent of Broadcom’s but staying the injunction pending appeal if Qualcomm…
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Default Judgment — Rules Governing Inquests

The plaintiff in Banco de Chile v. Lavanchy, 2008 U.S. Dist. LEXIS 91499 (S.D.N.Y. Nov. 6, 2008) commenced this civil RICO action against a former employee alleging that, “‘unbeknownst to it,’ the defendant acted as the ‘undisclosed financial agent for former Chilean President Augusto Pinochet ("Pinochet") and used his financial relationship with [the ...
The plaintiff in Banco de Chile v. Lavanchy, 2008 U.S. Dist. LEXIS 91499 (S.D.N.Y. Nov. 6, 2008) commenced this civil RICO action against a former employee alleging that, “‘unbeknownst to it,’ the defendant acted as the ‘undisclosed financial agent for…
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Letter That Makes No Concession Received in Evidence over Rule 408 Objection (Not Endorsed “For Settlement Purposes Only”)

From Latorraca v. Centennial Techs., 2008 U.S. Dist. LEXIS 91468 (D. Mass. Oct. 9, 2008): Federal Rule of Evidence 408(a)(2) prohibits the use of "statements made in compromise negotiations regarding [a] claim" as evidence of a party's "liability for...a claim that was disputed as to validity or amount". This Rule is meant to promote the ...
From Latorraca v. Centennial Techs., 2008 U.S. Dist. LEXIS 91468 (D. Mass. Oct. 9, 2008): Federal Rule of Evidence 408(a)(2) prohibits the use of “statements made in compromise negotiations regarding [a] claim” as evidence of a party’s “liability for…a claim…
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Taking a Scalpel Rather than a Hatchet to Expert Economic Testimony

From Cummins-Allison Corp. v. SBM Co., 2008 U.S. Dist. LEXIS 88995 (E.D. Tex. Nov. 3, 2008) (Clark, J.): As a young attorney, the undersigned appeared before an older judge who dismissed all expert opinions on damages as unreliable and drastically curtailed such testimony. This approach shortens trials, but constraining expert testimony ...
From Cummins-Allison Corp. v. SBM Co., 2008 U.S. Dist. LEXIS 88995 (E.D. Tex. Nov. 3, 2008) (Clark, J.): As a young attorney, the undersigned appeared before an older judge who dismissed all expert opinions on damages as unreliable and drastically…
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Administrative Agencies, Retroactive Rulings and Extent of Judicial Deference

From NetworkIP, LLC v. FCC, 2008 U.S. App. LEXIS 23264 (D.C. Cir. Nov. 7, 2008): Though agencies are entitled to deference, they may not retroactively change the rules at will. Indeed, that "[e]lementary considerations of fairness dictate that individuals should have an opportunity to know what the law is and to conform their con ...
From NetworkIP, LLC v. FCC, 2008 U.S. App. LEXIS 23264 (D.C. Cir. Nov. 7, 2008): Though agencies are entitled to deference, they may not retroactively change the rules at will. Indeed, that “[e]lementary considerations of fairness dictate that individuals should…
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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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