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

Civil RICO — Mail Fraud — Reliance / Inadequate Notice of Appeal

Must a civil RICO plaintiff alleging mail or wire fraud plead reliance by the plaintiff on the fraudulent representations? Two of the three judges on the panel in Brown v. Cassens Transport Co., 2007 U.S. App. LEXIS 16255 (6th Cir. July 10, 2007), thought the right answer was "No," yet the Court's ruling was "Yes." The panel considered that Sixth Circuit ...
Must a civil RICO plaintiff alleging mail or wire fraud plead reliance by the plaintiff on the fraudulent representations? Two of the three judges on the panel in Brown v. Cassens Transport Co., 2007 U.S. App. LEXIS 16255 (6th Cir.…
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KPMG Dismissal Decision

Download associated file: KPMG Dismissal Decision.pdf  Attached is Judge Lewis Kaplan's dismissal (entered today) of the indictment against 13 of the KPMG partners in the continuing tax shelter prosecution. ...
Download associated file: KPMG Dismissal Decision.pdf  Attached is Judge Lewis Kaplan’s dismissal (entered today) of the indictment against 13 of the KPMG partners in the continuing tax shelter prosecution.…
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Internet Evidence — Authentication

The defendant, a member of the armed forces, was tried and convicted of fraud against the United States and other offenses in United States v. Hernandez, 2007 CCA LEXIS 183 (U.S. Navy-Marine Corps Ct. Crim. App. June 12, 2007). To prove the defendant’s misuse of government telephony, the prosecution called a Chief Warrant Officer to testify that the defen ...
The defendant, a member of the armed forces, was tried and convicted of fraud against the United States and other offenses in United States v. Hernandez, 2007 CCA LEXIS 183 (U.S. Navy-Marine Corps Ct. Crim. App. June 12, 2007). To…
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Corporate Attorney-Client Privilege — Sale of Company — No Joint Defense for Seller and Bidder

Plaintiff sues defendant corporation for patent infringement, and defendant counterclaims for invalidity. Defendant corporation is then put up for bid by its shareholders. Bidders need to know about the litigation, which is material to the defendant’s financial position. Defendant’s litigation counsel make disclosures concerning the litigation to bidders. Pl ...
Plaintiff sues defendant corporation for patent infringement, and defendant counterclaims for invalidity. Defendant corporation is then put up for bid by its shareholders. Bidders need to know about the litigation, which is material to the defendant’s financial position. Defendant’s litigation…
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Arbitration and New York Convention — Requisite Specificity of Arbitration Clause

The American plaintiff in Apple & Eve, LLC v. Yantai North Andre Juice Co., 2007 U.S. Dist. LEXIS 44645 (S.D.N.Y. June 20, 2007), signed a contract with the Chinese defendant which contained the following arbitration clause: Arbitration: Any controversy or claim arising out of or relating to this contract or breach thereof, shall ...
The American plaintiff in Apple & Eve, LLC v. Yantai North Andre Juice Co., 2007 U.S. Dist. LEXIS 44645 (S.D.N.Y. June 20, 2007), signed a contract with the Chinese defendant which contained the following arbitration clause: Arbitration: Any controversy or…
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Attorney-Client Privilege — Dissolved Corporation’s Right to Assert Privilege

Our post of January 26, 2007, discussed whether, and in what circumstances, the corporate attorney-client privilege moves with the corporation's business. That issue was ultimately dispositive in City of Rialto v. U.S. Dep’t of Defense, 2007 U.S. Dist. LEXIS 48381 (C.D. Cal. May 25, 2007), but the threshold question was whether a dissolved corporation, onc ...
Our post of January 26, 2007, discussed whether, and in what circumstances, the corporate attorney-client privilege moves with the corporation’s business. That issue was ultimately dispositive in City of Rialto v. U.S. Dep’t of Defense, 2007 U.S. Dist. LEXIS 48381…
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Rule 54(b) — Standard on Motion for Reconsideration

Federal Rule of Civil Procedure 54(b) provides a seemingly liberal standard allowing district courts to revisit non-final orders in their discretion. The Rule provides that: [A]ny order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not ...
Federal Rule of Civil Procedure 54(b) provides a seemingly liberal standard allowing district courts to revisit non-final orders in their discretion. The Rule provides that: [A]ny order or other form of decision, however designated, which adjudicates fewer than all the…
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Expert Spoliation — Sanctions — Loss on the Merits

The patent dispute in ClearValue, Inc. v. Pearl River Polymers, Inc., 2007 U.S. Dist. LEXIS 46919 (E.D. Tex. June 28, 2007), turned on the question whether the defendant’s products had a high molecular weight. At trial, the plaintiffs presented no evidence of any tests showing that the products had a high molecular weight (instead, plaintiffs relied on mar ...
The patent dispute in ClearValue, Inc. v. Pearl River Polymers, Inc., 2007 U.S. Dist. LEXIS 46919 (E.D. Tex. June 28, 2007), turned on the question whether the defendant’s products had a high molecular weight. At trial, the plaintiffs presented no…
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Judicial Notice — Factual Findings of Other Courts

Federal Rule of Evidence 201(b) provides that courts may take judicial notice of adjudicative facts outside the trial record only if they are "not subject to reasonable dispute." The plaintiffs in Mississippi State Democratic Party v. Barbour, 2007 U.S. Dist. LEXIS 41908 (N.D. Miss. June 8, 2007), moved the Court to take judicial notice of approximately 28 p ...
Federal Rule of Evidence 201(b) provides that courts may take judicial notice of adjudicative facts outside the trial record only if they are “not subject to reasonable dispute.” The plaintiffs in Mississippi State Democratic Party v. Barbour, 2007 U.S. Dist.…
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Securities — The End of Channel Stuffing

One portion of the Supreme Court's decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 2007 U.S. LEXIS 8270 (U.S. June 21, 2007), hasn't received the attention it is due. Apart from the scienter pleading standard which the case articulates (a standard that plaintiffs will likely find more hospitable than they were anticipating), the Court embraced the ...
One portion of the Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 2007 U.S. LEXIS 8270 (U.S. June 21, 2007), hasn’t received the attention it is due. Apart from the scienter pleading standard which the case…
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Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (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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