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

12(b)(6) Motions — Documents That May Be Considered

The critical issue on many motions to dismiss concerns just what extra-complaint documents the court may properly consider. Perhaps the most expansive formulation is employed in securities actions. The following is taken from Securities and Exchange Commission v. Power, 2007 U.S. Dist. LEXIS 87632 (S.D.N.Y. Nov. 27, 2007): On a motion t ...
The critical issue on many motions to dismiss concerns just what extra-complaint documents the court may properly consider. Perhaps the most expansive formulation is employed in securities actions. The following is taken from Securities and Exchange Commission v. Power, 2007…
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Sovereign Immunity — FDCPA

Can the federal government be sued under the Fair Debt Collection Practices Act for its efforts to collect student loans? Deciding this issue of first impression, the Fifth Circuit ruled negatively in Wagstaff v. U.S. Dep’t of Educ., 2007 U.S. App. LEXIS 28001 (Dec. 4, 2007), reasoning that the FDCPA lacks the prerequisite — a statutory provision “uneq ...
Can the federal government be sued under the Fair Debt Collection Practices Act for its efforts to collect student loans? Deciding this issue of first impression, the Fifth Circuit ruled negatively in Wagstaff v. U.S. Dep’t of Educ., 2007 U.S.…
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Attorney-Client Privilege — Subject Matter Waiver & In-House Counsel — How Far Does Seagate Go?

Our post of August 27, 2007, reported the Federal Circuit’s holding in In re Seagate Tech., LLC, 2007 U.S. App. LEXIS 19768 (Fed. Cir. Aug. 20, 2007), that — in a case charging willful infringement — the subject matter waiver effected by asserting the defense of advice of counsel was limited to the advice of opinion counsel (the pre-litigation counsel o ...
Our post of August 27, 2007, reported the Federal Circuit’s holding in In re Seagate Tech., LLC, 2007 U.S. App. LEXIS 19768 (Fed. Cir. Aug. 20, 2007), that — in a case charging willful infringement — the subject matter waiver…
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Senate Passes Bill to Allow Televising of Supreme Court Proceedings

Download associated file: S 344.pdf  On December 6, 2007, the Senate Judiciary Committee passed S.344 -- a bill to permit the televising of Supreme Court proceedings. It is attached. ...
Download associated file: S 344.pdf  On December 6, 2007, the Senate Judiciary Committee passed S.344 — a bill to permit the televising of Supreme Court proceedings. It is attached.…
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The Profession — The Wolters Sanctions Case

District Judge Harold Baer, Jr.’s opinion in Wolters Kluwer Fin. Servs. Inc. v. Scivantage, 2007 U.S. Dist. LEXIS 88052 (S.D.N.Y. Nov. 29, 2007), is worth reading. The findings are extensive but it is the analytical framework that merits attention. It is refreshing to abandon cynicism about the profession and to focus every once in a while on what the pra ...
District Judge Harold Baer, Jr.’s opinion in Wolters Kluwer Fin. Servs. Inc. v. Scivantage, 2007 U.S. Dist. LEXIS 88052 (S.D.N.Y. Nov. 29, 2007), is worth reading. The findings are extensive but it is the analytical framework that merits attention. It…
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Qui Tam Actions — Sanctions

The issue in United States v. Atkinson, 2007 U.S. Dist. LEXIS 88435 (E.D. Pa. Dec. 3, 2007), was the appropriateness of sanctions under the statutory sanctions provision of the False Claims Act, 31 U.S.C. § 3730(d)(4). The prevailing defendants requested an award of attorneys' fees and expenses at the conclusion of 13 years of litigation. The language of ...
The issue in United States v. Atkinson, 2007 U.S. Dist. LEXIS 88435 (E.D. Pa. Dec. 3, 2007), was the appropriateness of sanctions under the statutory sanctions provision of the False Claims Act, 31 U.S.C. § 3730(d)(4). The prevailing defendants requested…
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Merely Notarizing Email Does Not Render It Non-Hearsay

The bank in Shah v.Flagstar Bank, 2007 Mich. App. LEXIS 2678 (Mich. App. Nov. 29, 2007), a foreclosure action, moved for summary judgment. In order to prove non-payment, it offered a letter it sent to homeowners referencing their non-payment, but the court excluded the letter as hearsay when it was offered to establish the homeowners' failure to make payment ...
The bank in Shah v.Flagstar Bank, 2007 Mich. App. LEXIS 2678 (Mich. App. Nov. 29, 2007), a foreclosure action, moved for summary judgment. In order to prove non-payment, it offered a letter it sent to homeowners referencing their non-payment, but…
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No Subject Matter Jurisdiction Required for Criminal Contempt

The Supreme Court has ruled that a federal court must have subject matter jurisdiction to impose civil contempt sanctions but not Rule 11 sanctions. Compare U.S. Catholic Conference v. Abortion Rights Mobilization, Inc., 87 U.S. 72, 76-80 (1988) (civil contempt) with Willy v. Coastal Corp., 503 U.S. 131 (1992) (Rule 11). What about criminal contempt ...
The Supreme Court has ruled that a federal court must have subject matter jurisdiction to impose civil contempt sanctions but not Rule 11 sanctions. Compare U.S. Catholic Conference v. Abortion Rights Mobilization, Inc., 87 U.S. 72, 76-80 (1988) (civil contempt)…
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Contractual Spoliation

A contractual duty to preserve data may suffice to trigger spoliation sanctions if the data are destroyed in violation of the contract -- at least if another party to the contract is pursuing the claim. The Asset Purchase Agreement in In re: Quintus Corp. (Avaya, Inc. v. Gwynne), 2007 U.S. Dist. LEXIS 87628 (D. Del. Nov. 29, 2007), required the purchaser to ...
A contractual duty to preserve data may suffice to trigger spoliation sanctions if the data are destroyed in violation of the contract — at least if another party to the contract is pursuing the claim. The Asset Purchase Agreement in…
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Rule 502 in Congress

Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver) has a real prospect of being enacted in this session of Congress, which ends in mid-December. The Rule under consideration is substantially identical to that passed by the Advisory Committeee. ...
Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver) has a real prospect of being enacted in this session of Congress, which ends in mid-December. The Rule under consideration is substantially identical to that passed by…
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Recent Posts

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

Paul Weiss Did The Right Thing

RICO: Unsettled Whether Legal Expenses Constitute Injury to Business or Property in Ninth Circuit — Leave to Amend Must Be Granted Unless 1 or More of 5 Factors Is Present — Request for Judicial Notice of Wikipedia Articles Fails to Satisfy The Standards Fed. R. Evid. 201

FRAP 38 Sanctions Denied Without Prejudice for Lack of Separate Motion

Rule 26(g)(3) Sanctions Are Mandatory If Certification Violated — No Bad Faith Required — No Premotion Duty to Confer under Rule 26(g) [Beware of Local Rules] — Rule 26(g)(3) Attorney’s Fee Award for Unreasonable Investigation Before Serving Unreasonable Responses to Document Requests — Abuse of Discretion Review

“Parties Represented by Counsel May Not File Pro Se Briefs” (Good Quote)

FRAP 38 Sanctions: Until Paid, Filing Bar Imposed in All Federal Courts in The Circuit

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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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