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

Work Product Protection Can Be Waived by Oral Statements — Here, Public Statements — Sufficiently Specific to Be Tantamount to Public Disclosure of the Contents of the Protected Material [Privilege]

 N.Y. Times Co. v. United States DOJ, 2019 U.S. App. LEXIS 29198 (2d Cir. Sept. 27, 2019): Plaintiffs-appellees The New York Times and reporter Charlie Savage (collectively "The Times") see ...
N.Y. Times Co. v. United States DOJ, 2019 U.S. App. LEXIS 29198 (2d Cir. Sept. 27, 2019): Plaintiffs-appellees The New York Times and reporter Charlie Savage (collectively "The Times") seek access under the Freedom of Information Act ("FOIA") to five …
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Common Interest Doctrine Requires That Shared Interest Be (1) Identical, Not Similar, and (2) Legal, Not Solely Commercial — Proponent of Attorney-Client Privilege Bears Burden of Proving Non-Waiver

 D.M. v. Wesley Med. Ctr. LLC, 2019 U.S. Dist. LEXIS 160886 (D. Kan. Sept. 19, 2019); MEMORANDUM & ORDER DENYING PLAINTIFF'S MOTION TO COMPEL Now before the Court i ...
D.M. v. Wesley Med. Ctr. LLC, 2019 U.S. Dist. LEXIS 160886 (D. Kan. Sept. 19, 2019); MEMORANDUM & ORDER DENYING PLAINTIFF'S MOTION TO COMPEL Now before the Court is Plaintiff's Motion to Compel (Doc. 365), seeking production by non-party CarePoint, …
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Attorney-Client Privilege: Parents’ Presence at Adult Child’s Consultation with Counsel Destroys Privilege — 3d Party’s Presence, Objectively Viewed, Must Be Reasonably Necessary, Or Another Exception Must Apply

Fox v. Alfini, 2018 CO 94, 432 P.3d 596 (Colo. 2018):  [**598]  en banc  [*P1]  In this original proceeding pursuant to
Fox v. Alfini, 2018 CO 94, 432 P.3d 596 (Colo. 2018):  [**598]  en banc  [*P1]  In this original proceeding pursuant to C.A.R. 21, we review the district court's order compelling production of a recording of petitioner Kayla Fox's …
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Attorney-Client Privilege: Employer As ERISA Fiduciary Can’t Assert Privilege against Beneficiaries on Matters of Plan Administration But Can As to Advice to Protect Self — Confidential Drafts of Disclosure Documents Privileged

 Baird v. Blackrock Institutional Trust Co., N.A., 2019 U.S. Dist. LEXIS 163615 (N.D. Cal. Sept. 24, 2019): On March 6, 2019, the parties filed a joint discovery letter regarding Defendants' discovery lo ...
Baird v. Blackrock Institutional Trust Co., N.A., 2019 U.S. Dist. LEXIS 163615 (N.D. Cal. Sept. 24, 2019): On March 6, 2019, the parties filed a joint discovery letter regarding Defendants' discovery log, in which Plaintiffs sought the production of thirty-three…
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No Federal Cause of Action for Spoliation Exists (Nor Does One Exist under Pennsylvania Law)

 Marinkovic v. Battaglia, 2019 U.S. Dist. LEXIS 162528 (W.D. Pa. Sept. 23, 2019): In these consolidated civil actions, pro se Plaintiff Mel Marinkovic ...
Marinkovic v. Battaglia, 2019 U.S. Dist. LEXIS 162528 (W.D. Pa. Sept. 23, 2019): In these consolidated civil actions, pro se Plaintiff Mel Marinkovic1 sued several former Armstrong County officials in connection with his attempts to purchase county-held properties through…
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Civil Contempt Appealable Only When Unconditional, Sanction Entered — Issue Is Compliance, Not Subjective Intent — Individuals Controlling Corp. Liable for Corp.’s Violation — Court Must Enter Findings, Conclusions (5th/11th Cirs.)

PlayNation Play Sys. v. Velex Corp., 2019 U.S. App. LEXIS 28810 (11th Cir. Sept. 24, 2019): PlayNation Play Systems, Inc., a company that makes and sells children's playground equipment, won a tra ...
PlayNation Play Sys. v. Velex Corp., 2019 U.S. App. LEXIS 28810 (11th Cir. Sept. 24, 2019): PlayNation Play Systems, Inc., a company that makes and sells children's playground equipment, won a trademark infringement verdict against Velex Corporation. This is the …
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Attorney-Client Privilege — Waiver — Advice of Counsel Defense — Voluntary Production of Documents Reflecting In-House Counsel’s Advice Waives Subject Matter, Requires Production of Outside Counsel’s Advice (Fed.R.Evid. 502(a))

 Stolarik v. New York Times Co., 2019 U.S. Dist. LEXIS 160994 (S.D.N.Y. Sept. 20, 2019): Plaintiff Robert Stolarik — a photographer who formerly worked for the New York Times (the "Times") — br ...
Stolarik v. New York Times Co., 2019 U.S. Dist. LEXIS 160994 (S.D.N.Y. Sept. 20, 2019): Plaintiff Robert Stolarik — a photographer who formerly worked for the New York Times (the "Times") — brings this action against the Times and Michele…
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28 U.S.C. § 1782 Allows the Taking of Discovery for Use in a Foreign Commercial Arbitration — Circuit Split: 6th Cir. (Yes) vs. 2d & 5th Cirs. (No)

 Abdul Latif Jameel Transp. Co. v. FedEx Corp. (In re Application to Obtain Discovery for Use in Foreign Proceedings), 2019 U.S. App. LEXIS 28348 (6th Cir. Sept. 19, 2019): Thomas Jefferson once counseled hi ...
Abdul Latif Jameel Transp. Co. v. FedEx Corp. (In re Application to Obtain Discovery for Use in Foreign Proceedings), 2019 U.S. App. LEXIS 28348 (6th Cir. Sept. 19, 2019): Thomas Jefferson once counseled his nephew Peter Carr on how to…
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Daubert: Conclusion That X Is Prima Facie a Cause Of Y ≠ A Conclusion X Caused Y — Expert Must Apply The Methods Of His Or Her Discipline for Expert to Be Qualified to Testify As to Outcome

 In re Nat'l Prescription Opiate Litig., 2019 U.S. Dist. LEXIS 146608 (N.D. Ohio Aug. 28, 2019): OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION TO EXCLUDE MARKETING CAUSATION OPINIO ...
In re Nat'l Prescription Opiate Litig., 2019 U.S. Dist. LEXIS 146608 (N.D. Ohio Aug. 28, 2019): OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION TO EXCLUDE MARKETING CAUSATION OPINIONS OF SCHUMACHER, LEMBKE, AND KEYES Before the Court is Defendants' Motion…
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Attorney-Client Privilege Does Not Cover Attorney’s Mental Impressions — Must Assert Work Product (Not Just Privilege) Or Lose Protection

 Burke v. Regalado, 2019 U.S. App. LEXIS 24806 (10th Cir. Aug. 20, 2019): Footnote 47.  The Sheriffs also contend the court erroneously permitted questions about [Attorney] Ms. Wyrick's thinking about t ...
Burke v. Regalado, 2019 U.S. App. LEXIS 24806 (10th Cir. Aug. 20, 2019): Footnote 47.  The Sheriffs also contend the court erroneously permitted questions about [Attorney] Ms. Wyrick's thinking about the email [as to which privilege was forfeited because it…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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