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

Sanctions — Attorneys’ Fees — How Much Is Too Much?

The question in CS Stars LLC v. First AllAmerica Fin. Life Ins. Co., 2007 U.S. Dist. LEXIS 83738 (N.D. Ill. Nov. 13, 2007), was not whether sanctions should be awarded (that had been decided earlier) but whether the attorneys' fees request was too high. The sanctioned party argued that opposing counsel had over-lawyered the offense and that the request shou ...
The question in CS Stars LLC v. First AllAmerica Fin. Life Ins. Co., 2007 U.S. Dist. LEXIS 83738 (N.D. Ill. Nov. 13, 2007), was not whether sanctions should be awarded (that had been decided earlier) but whether the attorneys’ fees…
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Spoliation Factoid

‛The concept of spoliation derives from the Latin phrase ‘contra spolatorem omnia praesumuntur,’ meaning ‘all things presumed against the destroyer.’“ Perez v. La Dove, Inc., 964 So. 2d 777 (Fla. App. 2007) (citing Maria A. Losavio, Synthesis of Louisiana Law on Spoliation of Evidence-Compared to the Rest of the Country, Did We Handle it Corre ...
‛The concept of spoliation derives from the Latin phrase ‘contra spolatorem omnia praesumuntur,’ meaning ‘all things presumed against the destroyer.’“ Perez v. La Dove, Inc., 964 So. 2d 777 (Fla. App. 2007) (citing Maria A. Losavio, Synthesis of Louisiana Law…
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Discovery — Electronic Spoliation — Strategic Objections & Capitulation — Change of Witness Testimony at Deposition Break

A lot of discovery abuse was found by the Court in Wood Group Pressure Control, LP v. B&B Oilfield Servs., Inc., 2007 U.S. Dist. LEXIS 83708 (E.D. La. April 27, 2007). Useful points: 1. Degrading Data to Backup Tapes as Spoliation. Defense counsel never implemented a litigation hold. As a result, emails were deleted from activ ...
A lot of discovery abuse was found by the Court in Wood Group Pressure Control, LP v. B&B Oilfield Servs., Inc., 2007 U.S. Dist. LEXIS 83708 (E.D. La. April 27, 2007). Useful points: 1. Degrading Data to Backup Tapes as…
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Federal Jurisdiction — § 1447(d) Bars Review of Order Declining Supplemental Jurisdiction under § 1367(c)

28 U.S.C. § 1447(d) provides that "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." Under Thermatron Prods., Inc. v. Hermansdorfer, 423 U.S. 336 (1976), the jurisdictional bar of § 1447(d) is limited to the grounds enumerated in § 1447(c). The question of first impression in HIF Bio, In ...
28 U.S.C. § 1447(d) provides that “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” Under Thermatron Prods., Inc. v. Hermansdorfer, 423 U.S. 336 (1976), the jurisdictional bar…
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Rule 11 — Duty to Inquire — Irrelevance of Signature — Duties of Local Counsel

A nightmare scenario. You are representing the foreign plaintiffs suing Texaco and Chevron for cancer caused by their Ecuadorian oil operations, and one your clients testify as follows: Q: Ms. [plaintiff], isn't it true that the first biopsy that was performed on you to see whether you had breast cancer was performed after April 2006? < ...
A nightmare scenario. You are representing the foreign plaintiffs suing Texaco and Chevron for cancer caused by their Ecuadorian oil operations, and one your clients testify as follows: Q: Ms. [plaintiff], isn’t it true that the first biopsy that was…
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H.R. 3013 — Attorney-Client Privilege Protection Act of 2007

The text of H.R. 3013, The Attorney-Client Privilege Protection Act of 2007, which was passed by House on Tuesday and which reverses the Holder/Thompson/McNulty Memo, can be found at http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c1107lxBfV. You can keep track of the status of the legislation in the Senate and with the President at http://www.govtrack.us/congre ...
The text of H.R. 3013, The Attorney-Client Privilege Protection Act of 2007, which was passed by House on Tuesday and which reverses the Holder/Thompson/McNulty Memo, can be found at http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c1107lxBfV. You can keep track of the status of the legislation…
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Pleading — Incorporation by Reference and Rules 8(a)(2) & 10(c)

It is not often that a civil RICO complaint brought by the federal government against a union with a checkered history is dismissed on pleading grounds, but that is what happened in Brooklyn Federal Court on November 1, 2007. The Government’s Amended Complaint in United States v. Int’l Longshoremen’s Ass’n, 2007 U.S. Dist. LEXIS 80924 (E.D.N.Y. Nov. ...
It is not often that a civil RICO complaint brought by the federal government against a union with a checkered history is dismissed on pleading grounds, but that is what happened in Brooklyn Federal Court on November 1, 2007. The…
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RICO Developments 2007

A new article summarizing significant case law developments this year under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 ff., has been posted on the Recent Articles page (title: RICO Developments 2007). It does not address the Supreme Court' s opinion in Wilkie v. Robbins, 127 S. Ct. 2588 (2007), because that is really a Hobbs A ...
A new article summarizing significant case law developments this year under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 ff., has been posted on the Recent Articles page (title: RICO Developments 2007). It does not address the…
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‛Spoliation“ by Not Creating Evidence Despite Duty to Do So

If you call it ‛spoliation“ when someone destroys or fails to preserve evidence, what do you call it when someone ignores a duty to create evidence and, by doing so, impedes the factfinding process? That was the question for Magistrate Judge James Orenstein in Ramirez v. Pride Devel. & Constr. Corp. 244 F.R.D. 162 (E.D.N.Y. 2007). Answer: Equally sanc ...
If you call it ‛spoliation“ when someone destroys or fails to preserve evidence, what do you call it when someone ignores a duty to create evidence and, by doing so, impedes the factfinding process? That was the question for Magistrate…
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Twombly Count

As of November 10, 2007, less than six months after the Supreme Court’s decision in Bell Atlantic v. Twombly, 127 S. Ct. 1955 (2007), a LEXIS search reveals that the opinion has been cited in more than 2,000 cases. Rarely, I suspect, to the benefit of the plaintiff. ...
As of November 10, 2007, less than six months after the Supreme Court’s decision in Bell Atlantic v. Twombly, 127 S. Ct. 1955 (2007), a LEXIS search reveals that the opinion has been cited in more than 2,000 cases. Rarely,…
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Recent Posts

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

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)

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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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