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

Addressing Spoliation by Rule — The Tennessee Example

The Federal Rules of Civil Procedure do not specifically address spoliation. The Rules Enabling Act is a factor, as it dictates that “rules shall not abridge, enlarge or modify any substantive right,” 28 U.S.C. § 2072(b), and it is challenging to draft a proscription against spoliation while being unable to craft the preservation duty the violation of which tr ...
The Federal Rules of Civil Procedure do not specifically address spoliation. The Rules Enabling Act is a factor, as it dictates that “rules shall not abridge, enlarge or modify any substantive right,” 28 U.S.C. § 2072(b), and it is challenging…
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Senate Judiciary Committee Approves Federal Judicial Pay Hike

The Associated Press reports that, on Thursday, January 31, the Senate Judiciary Committee approved the following federal judicial salary increases by a 10-7 vote: District court judges, from $169,300 to about $218,000. Circuit judges, from $179,500 to about $231,100. Supreme Court associate justices, from $208,100 to about $267,900 ...
The Associated Press reports that, on Thursday, January 31, the Senate Judiciary Committee approved the following federal judicial salary increases by a 10-7 vote: District court judges, from $169,300 to about $218,000. Circuit judges, from $179,500 to about $231,100. Supreme…
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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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Recent Posts

RICO Person vs. Enterprise: Subsidiary in Typical Corporate Structure Does Not Control Parent And Therefore Does Not Conduct Parent’s Affairs

Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Inherent Power Sanctions — Dismissal — Abuse of Discretion Review Is “More Exacting” When Judge is “Accuser, Fact Finder and Sentencing Judge All in One” — Client Responsible for Her Lawyer’s Discovery Defalcations — No Need for Evidentiary Hearing When Sanctions Based Entirely on an Established Record — Lesser Sanctions Reasonably Determined to be Ineffective Given Record of Repeated Discovery Abuses

Inherent Power Sanction of Dismissal for Fraud on the Court — Fabrication of Evidence and Lying about It to the Court — 2-Part Test for Dismissal Sanction (Eleventh Circuit) — Whether Fraud on Court Was Committed for the Court, Not a Jury

New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Rule 11 (9011) and Inherent Power Sanctions for “Unapologetic [Refusal to Apologize] Defiance” of Court’s Rules and Orders — Advising Client to Take Steps That Same Judge Had Told Lawyer Were Improper in Prior Case — Obstinate Recidivism — Silence upon Withdrawal of Motion As Rule 11 (9011) Violation (Noted But Not Addressed on Appeal)

Rule 37 Sanctions Properly Denied for Failure to Produce Documents That Were Already in the Requester’s Possession And Were Not Relevant to The Principal Issue in the Lawsuit — Experts/Daubert: Exclusion Appropriate Where Opinion Was Predicated on Erroneous Assumptions of Law

Supreme Court: Obtaining a Preliminary Injunction Does Not Render the Plaintiff a “Prevailing Party” Entitled to Attorney’s Fees — Must Win “Enduring Relief” On The Merits From A Judicial Order — Extraneous Events, Like Legislation, That Preserve The Outcome And Moot The Lawsuit Do Not Turn The Plaintiff into A Prevailing Party (Note, However, That A Defendant Need Not Obtain A Favorable Judgment On The Merits In Order To Be A “Prevailing Party”)

Supreme Court: When A Plaintiff Amends The Complaint To Delete The Federal-Law Claims That Enabled Removal To Federal Court, Leaving Only State-Law Claims, The Federal Court Loses Supplemental Jurisdiction, And The Case Must Be Remanded To State Court

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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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