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

Experts and Hidden Compensation — Do We Really Know How Much Our Experts Are Being Compensated? Have We Disclosed It Accurately?

In the past 24 hours I’ve received two calls, one from a friend at a preeminent Manhattan law firm and the other from an expert consulting firm that everyone uses, with the same message: Many academic and other experts that are retained through the blue chip consulting firms (Analysis Group, Charles River, Cornerstone, FTI, NERA, etc.) receive a percentage of the ...
In the past 24 hours I’ve received two calls, one from a friend at a preeminent Manhattan law firm and the other from an expert consulting firm that everyone uses, with the same message: Many academic and other experts that…
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New York State Spoliation Standards: Negligence Suffices

From Cordero v. St. Vincent's Hospital and Medical Center of N.Y., 2008 N.Y. Misc. LEXIS 3315, 239 N.Y.L.J. 102 (Sup. Ct. N.Y. County May 7, 2008): Spoliation of evidence occurs when "a party alters, loses, or destroys key evidence before it can be examined by the other party's expert..." Squitieri v. City of New York, 248 A.D.2 ...
From Cordero v. St. Vincent’s Hospital and Medical Center of N.Y., 2008 N.Y. Misc. LEXIS 3315, 239 N.Y.L.J. 102 (Sup. Ct. N.Y. County May 7, 2008): Spoliation of evidence occurs when “a party alters, loses, or destroys key evidence before…
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Federal Arbitration Law — 2008 Developments

A new article, Arbitration 2008, has been posted on the recent articles page (http://www.josephny_live.com/articles/viewarticle.php?56). It analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitrati ...
A new article, Arbitration 2008, has been posted on the recent articles page (http://www.josephny_live.com/articles/viewarticle.php?56). It analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral…
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Lerner Article — What Goes Around Comes Around: Putting the “Civil” Back in Civil Litigation

Download associated file: Lerner Civility Article.pdf  Attached is an excellent article, What Goes Around Comes Around: Putting the "Civil" Back in Civil Litigation, by Jonathan J. Lerner, Esq., a senior partner at Skadden, Arps, Slate, Meagher & Flom, LLP, and on ...
Download associated file: Lerner Civility Article.pdf  Attached is an excellent article, What Goes Around Comes Around: Putting the “Civil” Back in Civil Litigation, by Jonathan J. Lerner, Esq., a senior partner at Skadden, Arps, Slate, Meagher & Flom, LLP,…
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Analyst Reports Uncited in Securities Complaint May Be Judicially Noticed on 12(b)(6) Motion

From Patel v. Parnes, 2008 U.S. Dist. LEXIS 46630 (C.D. Cal. May 19, 2008): While the court agrees with plaintiffs that the analyst reports may not be judicially noticed for the truth of the matters contained therein, it is appropriate to consider them for the purpose for which defendants offer them — i.e., to show "whether and when inf ...
From Patel v. Parnes, 2008 U.S. Dist. LEXIS 46630 (C.D. Cal. May 19, 2008): While the court agrees with plaintiffs that the analyst reports may not be judicially noticed for the truth of the matters contained therein, it is appropriate…
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Daubert at Class Certification

From Rhodes v E.I. DuPont de Nemours & Co., 2008 U.S. Dist. LEXIS 46159 (S.D. W.Va. June 11, 2008): • “This court finds the Second Circuit's review of the recent development of the law and its reasoning to be helpful in determining this matter. [In re Visa Check/MasterMoney Antitrust Lit., 192 F.R.D. 68 (E.D.N.Y. 2000) ("< ...
From Rhodes v E.I. DuPont de Nemours & Co., 2008 U.S. Dist. LEXIS 46159 (S.D. W.Va. June 11, 2008): • “This court finds the Second Circuit’s review of the recent development of the law and its reasoning to be helpful…
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Sanctions, Reputation & Appellate Review

From 1-10 Indus. Assocs., LLC v. United States, 2008 U.S. App. LEXIS 10786 (Fed. Cir. May 21, 2008): Justice Stevens observed in Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 413, 110 S. Ct. 2447, 110 L. Ed. 2d 359 (1990), that the most precious asset of an attorney is his professional reputation. A formal order of sanction of a ...
From 1-10 Indus. Assocs., LLC v. United States, 2008 U.S. App. LEXIS 10786 (Fed. Cir. May 21, 2008): Justice Stevens observed in Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 413, 110 S. Ct. 2447, 110 L. Ed. 2d…
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International Arbitration — Summary Judgment, Issues of First Impression and Manifest Disregard

The plaintiff sought to vacate an international arbitration award entered against him, claiming, among other things, that the tribunal’s entry of summary judgment was without legal precedent and therefore in manifest disregard of the law. Rejected: LaPine claims that the lack of legal precedent regarding summary adjudication in an internation ...
The plaintiff sought to vacate an international arbitration award entered against him, claiming, among other things, that the tribunal’s entry of summary judgment was without legal precedent and therefore in manifest disregard of the law. Rejected: LaPine claims that the…
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Expert Witness Fees at Deposition — What Is “Manifest Injustice” under Rule 26(b)(4)(C)?

Federal Rule of Civil Procedure 26(b)(4)(C) provides: (C) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery: (i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (B); and (ii) for disc ...
Federal Rule of Civil Procedure 26(b)(4)(C) provides: (C) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery: (i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A)…
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Sanctions — Standards Applicable to Pro Se Litigants

From Graham v. Fleissner Law Firm, 2008 U.S. Dist. LEXIS 41523 (E.D. Tenn. May 22, 2008): [T]he Supreme Court has held that courts should liberally construe complaints filed by pro se parties, and they should not hold them to the same stringent standard required of licensed attorneys. Haines v. Kerner, 404 U.S. 519, 520, 92 ...
From Graham v. Fleissner Law Firm, 2008 U.S. Dist. LEXIS 41523 (E.D. Tenn. May 22, 2008): [T]he Supreme Court has held that courts should liberally construe complaints filed by pro se parties, and they should not hold them to the…
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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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