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

Dismissal without Prejudice Appealable if Entered on Forum Non Conveniens Grounds

The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it terminates the action and is denominated “without prejudice” simply to make it clear that the plaintiff may proceed in an alterna ...
The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it…
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Non-Party Sanctioned by Special Master for Recalcitrance in Responding to Subpoena

The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding (or, more precisely, failing to respond) to a subpoena. The misconduct included: 1. Taking the posi ...
The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding…
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Court’s Reliance on Unsworn Expert Reports in Granting Summary Judgment Requires Reversal — Objection in Opposition Brief Suffices

From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The district court's opinion contained substantial discussion of these reports and clearly relied on them. ** ...
From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The…
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Securities — Statistical Significance Not Subject to Judicial Notice — One-Year Statute of Limitations for § 18 Claims — Market Manipulation Requires More than False or Omissive Statements

From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data interpretations proffered by Defendants in the context of this motion practice. R ...
From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data…
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RICO — Continuity — The Longer the Duration, The Less Significant Other Factors Become

From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have "never found a closed-ended pattern where the predicate acts spanned fewer than two years." First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 181 (2d Cir. 2004); see ...
From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have “never found a closed-ended pattern where the predicate acts spanned fewer than two…
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Holder / Thompson / McNulty Memo, Now Filip Letter of July 9, 2008

Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors' requests for waiver of attorney-client ...
Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors’ requests for waiver of attorney-client privilege, inter…
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Proving Intentional Infliction of Emotional Distress — Some Cases Speak for Themselves

From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday's ("Defendant" or "the Restaurant"), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse carcass in her mashed potatoes. *** The Complaint ...
From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday’s (“Defendant” or “the Restaurant”), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse…
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Federal Jurisdiction — Grable — State Law Claim that “Necessarily” Raises a Federal Question versus One in which Federal Question Is Merely “Present”

The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of state law involved proof of violation of federal regulations, the defendants removed under Grable and 28 ...
The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of…
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Jury Selection — Presumed Bias — Standards

The plaintiffs lost a medical malpractice action in Allen v. Brown Clinic, PLLP, 2008 U.S. App. LEXIS 14207 (8th Cir. July 2, 2008), and challenged the trial judge’s refusal to strike 6 of 10 members of the venire who had doctor/patient relationships with the defendant doctor or defendant clinic. The standards: A trial court's decisi ...
The plaintiffs lost a medical malpractice action in Allen v. Brown Clinic, PLLP, 2008 U.S. App. LEXIS 14207 (8th Cir. July 2, 2008), and challenged the trial judge’s refusal to strike 6 of 10 members of the venire who had…
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Attorney-Client Privilege — Arkansas Adopts Rules Protecting Inadvertent and Selective Disclosure

Arkansas Rule of Civil Procedure 26(b)(5), in conjunction with Arkansas Rule of Evidence 502, both effective January 10, 2008 (see 2008 Ark. LEXIS 435), establishes a procedure to protect against inadvertent waiver of attorney-client privilege. Ark. R. Evid. 502 also adopts the principle of selective waiver (a minority view), preserving privilege despite dis ...
Arkansas Rule of Civil Procedure 26(b)(5), in conjunction with Arkansas Rule of Evidence 502, both effective January 10, 2008 (see 2008 Ark. LEXIS 435), establishes a procedure to protect against inadvertent waiver of attorney-client privilege. Ark. R. Evid. 502 also…
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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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