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

Legal Malpractice — Statute of Limitations — Continuous Representation Doctrine under New York Law

From West Village Assocs. LP v. Balber Pickard Battistoni Maldonado & Ver Dan Tuin, PC, 2008 NY Slip Op 1844, 2008 N.Y. App. Div. LEXIS 1822 (1st Dep’t March 4, 2008): Under the "continuous representation" doctrine ... a client cannot reasonably be expected to assess the quality of the professional service while it is still in progress ...
From West Village Assocs. LP v. Balber Pickard Battistoni Maldonado & Ver Dan Tuin, PC, 2008 NY Slip Op 1844, 2008 N.Y. App. Div. LEXIS 1822 (1st Dep’t March 4, 2008): Under the “continuous representation” doctrine … a client cannot…
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RICO — Association-in-Fact Enterprise — Continuing Circuit Split on Structure Requirement

Someday the Supreme Court will have to address whether structure is a necessary aspect of a viable association-in-fact enterprise under RICO. Until then, the Circuit split persists. From the Fifth Circuit decision in Matter of McCann, 2008 U.S. App. LEXIS 4978 (5th Cir. Mar. 7, 2008) (unpublished): This Court has previously declined the ...
Someday the Supreme Court will have to address whether structure is a necessary aspect of a viable association-in-fact enterprise under RICO. Until then, the Circuit split persists. From the Fifth Circuit decision in Matter of McCann, 2008 U.S. App. LEXIS…
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Drought Aside, A Reason to Avoid Georgia

From a speech on March 7, 2008, to the Spring Meeting of the American College of Trial Lawyers in Tucson by Hon. Thomas W. Thrash, Jr., of the United States District Court for the Northern District of Georgia: It may be of some interest to a group of attorneys that during this session of the Georgia General Assembly, a bill has been introduced ...
From a speech on March 7, 2008, to the Spring Meeting of the American College of Trial Lawyers in Tucson by Hon. Thomas W. Thrash, Jr., of the United States District Court for the Northern District of Georgia: It may…
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§ 1927 Sanctions — Vicarious Liability of Law Firms

Section 1927 penalties may be imposed only on “any attorney or other person admitted to conduct cases in any court of the United States.” Law firms are not admitted to practice in the federal courts. Nonetheless, there is a split in the Circuits as to whether sanctions may be imposed on law firms pursuant to 28 U.S.C. § 1927. See Medtronic Navigation Inc. ...
Section 1927 penalties may be imposed only on “any attorney or other person admitted to conduct cases in any court of the United States.” Law firms are not admitted to practice in the federal courts. Nonetheless, there is a split…
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Inadvertent Spoliation Warrants Dismissal

From Cincinnati Ins. Co. v. Mid-South Drillers Supply, Inc., 2008 Tenn. App. LEXIS 39 (Tenn. Ct. App. Jan. 25, 2008): The issue presented by this appeal is whether a trial court may exercise its discretion granted under rules 34 and 37 of the Tennessee Rules of Civil Procedure to dismiss a party's case for spoliation of evidence where th ...
From Cincinnati Ins. Co. v. Mid-South Drillers Supply, Inc., 2008 Tenn. App. LEXIS 39 (Tenn. Ct. App. Jan. 25, 2008): The issue presented by this appeal is whether a trial court may exercise its discretion granted under rules 34 and…
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Books and Records Provision in Merger Agreement Supports Spoliation Claim

In Forsythe v. Black Hills Corp., 2008 U.S. Dist. LEXIS 10430 (N.D. Ill. Feb. 8, 2008), Sections 2.3 and 2.6 of the Merger Agreement required defendant Black Hills to provide the plaintiffs with "access for all work papers underlying . . . Earn-Out Period Financial Statements" and, in the event of an earn-out dispute, to provide "full access to the books, rec ...
In Forsythe v. Black Hills Corp., 2008 U.S. Dist. LEXIS 10430 (N.D. Ill. Feb. 8, 2008), Sections 2.3 and 2.6 of the Merger Agreement required defendant Black Hills to provide the plaintiffs with “access for all work papers underlying .…
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Rule 11 and Discovery Disputes

From Paradigm Alliance, Inc. v. Celeritas Techs., LLC, 2008 U.S. Dist. LEXIS 15334 (D. Kan. Feb. 28, 2008): This is the second attempt by defendants to disrupt the relationship between Paradigm and its outside counsel. In both attempts, defendants have asserted questionable arguments. Moreover, during the most recent dispute, defense ...
From Paradigm Alliance, Inc. v. Celeritas Techs., LLC, 2008 U.S. Dist. LEXIS 15334 (D. Kan. Feb. 28, 2008): This is the second attempt by defendants to disrupt the relationship between Paradigm and its outside counsel. In both attempts, defendants have…
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RICO and Rule 11

Some fact scenarios speak for themselves. From Williams v. Select Media Servs., LLC, 2008 U.S. Dist. LEXIS 14773 (M.D. Ala. Feb. 27, 2008): Defendants move to sanction Plaintiffs' attorney ... for continuing to bring the RICO claim in this case, even though it has been dismissed by six previous federal district courts. *** In this case, ...
Some fact scenarios speak for themselves. From Williams v. Select Media Servs., LLC, 2008 U.S. Dist. LEXIS 14773 (M.D. Ala. Feb. 27, 2008): Defendants move to sanction Plaintiffs’ attorney … for continuing to bring the RICO claim in this case,…
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Primary Jurisdiction Primer (9th Circuit)

Greene v. T-Mobile USA, Inc., 2008 U.S. Dist. LEXIS 12605 (W.D. Wash. Feb. 7, 2008): Primary jurisdiction is properly invoked when a claim is cognizable in federal court but requires resolution of an issue of first impression, or of a particularly complicated issue that Congress has committed to a regulatory agency. [Citation omitted].< ...
Greene v. T-Mobile USA, Inc., 2008 U.S. Dist. LEXIS 12605 (W.D. Wash. Feb. 7, 2008): Primary jurisdiction is properly invoked when a claim is cognizable in federal court but requires resolution of an issue of first impression, or of a…
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Senate Judiciary Committee Report S. 2450 (Fed. R. Evid. 502)

Download associated file: Senate Judiciary Committee Report S. 2450.pdf  Attached is the Senate Judiciary Committee Report for S. 2450 -- Federal Rule of Evidence 502 (Waiver of Privilege and Work Product) -- which was passed by the Senate on February 27, 2008. ...
Download associated file: Senate Judiciary Committee Report S. 2450.pdf  Attached is the Senate Judiciary Committee Report for S. 2450 — Federal Rule of Evidence 502 (Waiver of Privilege and Work Product) — which was passed by the Senate on…
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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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