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

Listing Email on Privilege Log Does Not Preserve Privilege as to Attachments

The plaintiff in C.T. v. Liberal School Dist., 2008 U.S. Dist. LEXIS 5863 (D. Kan. Jan. 25, 2008), listed a series of emails on his privilege log, but did not separately list the attachments. Held, “any claim of privilege plaintiff might wish to raise as to those documents has been waived, and the attached documents, to the extent they are responsive to defendant ...
The plaintiff in C.T. v. Liberal School Dist., 2008 U.S. Dist. LEXIS 5863 (D. Kan. Jan. 25, 2008), listed a series of emails on his privilege log, but did not separately list the attachments. Held, “any claim of privilege plaintiff…
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Rule 502 and Judicial Salary Legislation Before Senate Judiciary Committee Tomorrow

The Senate Judiciary Committee has scheduled an Executive Business Meeting for 10 a.m. on Thursday, January 31, 2008. Item 1 on the agenda is S. 1638, the Federal Judicial Salary Restoration Act. Item 3 is S. 2450, Federal Rule of Evidence 502. ...
The Senate Judiciary Committee has scheduled an Executive Business Meeting for 10 a.m. on Thursday, January 31, 2008. Item 1 on the agenda is S. 1638, the Federal Judicial Salary Restoration Act. Item 3 is S. 2450, Federal Rule of Evidence 502.
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Ghostwriting as Ethical Violation

Download associated file: New_Jersey_Advisory_Cte_on_Prof_Ethics_Opin_713[1].pdf  Our March 15, 2007, post addressed ethical and Rule 11 issues raised in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. Marc ...
Download associated file: New_Jersey_Advisory_Cte_on_Prof_Ethics_Opin_713[1].pdf  Our March 15, 2007, post addressed ethical and Rule 11 issues raised in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5,…
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Sanctions — Sophisticated Pro Se Litigants

It is well-settled that pro se litigants are subject to Rule 11 and may be sanctioned for their misconduct. See the Advisory Committee Note to the 1983 amendment to Rule 11. It is equally well-settled that their pro se status is a relevant consideration for the Court in assessing whether sanctions are appropriate. That generally means that they are treated somewh ...
It is well-settled that pro se litigants are subject to Rule 11 and may be sanctioned for their misconduct. See the Advisory Committee Note to the 1983 amendment to Rule 11. It is equally well-settled that their pro se status…
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Grable — State Law Claims under Trust Indenture Incorporating Federal Statutes Supports Federal Jurisdiction

After being served with notices of default under trust indentures pursuant to which it had issued securities, the issuer filed a state court declaratory judgment action. The Indentures incorporated the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939 (“TIA”). The bank removed, arguing that the resolution of the suit turned on the “purely f ...
After being served with notices of default under trust indentures pursuant to which it had issued securities, the issuer filed a state court declaratory judgment action. The Indentures incorporated the Securities Exchange Act of 1934 and the Trust Indenture Act…
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Arbitration and New York Convention — Federal Jurisdiction — Limited Power of Secondary Jurisdiction

The Fifth Circuit in Gulf Petro Trading Co. v. Nigerian Nat’l Petroleum Corp., 2008 U.S. App. LEXIS 256 (5th Cir. Jan. 7, 2008), faced serious charges that an international arbitration tribunal had accepted a $25 million bribe to decide the case in favor of the defendant. After receiving an unsatisfactory award but before it found evidence of the bribe, ...
The Fifth Circuit in Gulf Petro Trading Co. v. Nigerian Nat’l Petroleum Corp., 2008 U.S. App. LEXIS 256 (5th Cir. Jan. 7, 2008), faced serious charges that an international arbitration tribunal had accepted a $25 million bribe to decide the…
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Ryan v. Gifford II — Limitations of the Delaware Chancery Court’s Original Attorney-Client Privilege Waiver Analysis

In a January 2 opinion denying leave for interlocutory review of his decision of November 30, 2007 (see our post of December 14, 2007), Chancellor Chandler stressed the limitations of the privilege waiver analysis of his prior opinion. Some lawyers — and the defense counsel seeking interlocutory review — expressed concern that the November 30 opinion doomed any ...
In a January 2 opinion denying leave for interlocutory review of his decision of November 30, 2007 (see our post of December 14, 2007), Chancellor Chandler stressed the limitations of the privilege waiver analysis of his prior opinion. Some lawyers…
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Spoliation — State vs. Federal Law — Limitation of Direct and Cross, Adverse Inference

The defendant in Large v. Mobile Tool Int’l, Inc., 2008 U.S. Dist. LEXIS 1297 (S.D. Ind. Jan. 7, 2008), dismantled, reconstructed and discarded key components of the boom that it had manufactured and which had injured the plaintiff while he was using a bucket truck in the course of his employment as a lineman. Two interesting parts of the opinion. First, an issu ...
The defendant in Large v. Mobile Tool Int’l, Inc., 2008 U.S. Dist. LEXIS 1297 (S.D. Ind. Jan. 7, 2008), dismantled, reconstructed and discarded key components of the boom that it had manufactured and which had injured the plaintiff while he…
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Email Strings — Unprivileged Email Privileged in String Transmitted to Attorney

From Barton v. Zimmer Inc., 2008 U.S. Dist. LEXIS 1296 (N.D. Ind. Jan. 7, 2008) (citations omitted): 1. “E-mails, with sometimes different and multiple recipients and authors, add complexity to the analysis of the attorney-client privilege.... ‘Email strands can span over several days, and they may have many different recipients and ...
From Barton v. Zimmer Inc., 2008 U.S. Dist. LEXIS 1296 (N.D. Ind. Jan. 7, 2008) (citations omitted): 1. “E-mails, with sometimes different and multiple recipients and authors, add complexity to the analysis of the attorney-client privilege…. ‘Email strands can span…
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Who Knew? Civility Required in New York State Depositions

Echoing the justification of hordes of surly lawyers, the plaintiff’s counsel in Laddcap Value Partners LP v. Lowenstein Sandler PC, 2007 N.Y. Misc. LEXIS 8642; 238 N.Y.L.J. 116 (Sup. Ct. N.Y. Co. Dec. 5, 2007) — when called to task for speaking objections, sexist comments and generally obnoxious behavior — defended with the assertion that “while he ...
Echoing the justification of hordes of surly lawyers, the plaintiff’s counsel in Laddcap Value Partners LP v. Lowenstein Sandler PC, 2007 N.Y. Misc. LEXIS 8642; 238 N.Y.L.J. 116 (Sup. Ct. N.Y. Co. Dec. 5, 2007) — when called to task…
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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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