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

Spousal Privileges and Exceptional Testimony

After being convicted and sentenced to more than 20 years imprisonment for drug trafficking, the defendant in Vo v. United States, 2007 U.S. Dist. LEXIS 47093 (D Haw. June 28, 2007), claimed ineffective assistance of counsel because his lawyer did not object to testimony from the defendant’s wife on grounds of marital privilege. The wife testified that her ...
After being convicted and sentenced to more than 20 years imprisonment for drug trafficking, the defendant in Vo v. United States, 2007 U.S. Dist. LEXIS 47093 (D Haw. June 28, 2007), claimed ineffective assistance of counsel because his lawyer did…
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Class Actions — Rule 23(f) — Vacating and Reinstating Certification Order Ineffective to Re-Start 10-Day Appeal Period

Federal Rule of Civil Procedure 23(f) provides that: ‛A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to it within ten days after entry of the order.“ The ten-day time limit is jurisdictional. The plaintiffs in Jenkins v ...
Federal Rule of Civil Procedure 23(f) provides that: ‛A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to…
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Spoliation: Power Point Presentation

Download associated file: Spoliation Power Points.pdf  Attached is a power point presentation (in PDF format) that was used in connection with a continuning judicial education program at the National Foundation for Judicial Excellence in Chicago on June 30, 2007. It upda ...
Download associated file: Spoliation Power Points.pdf  Attached is a power point presentation (in PDF format) that was used in connection with a continuning judicial education program at the National Foundation for Judicial Excellence in Chicago on June 30, 2007.…
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Email Authentication — Circumstantial Evidence

The prosecution in People v. Whicker, 2007 Cal. App. Unpub. LEXIS 5197 (Cal. App. June 26, 2007), was evidently unable to authenticate an email in the traditional way. (See Internet and Email Evidence on the Recent Articles page for a description of the customary ways to authenticate email evidence.) The witness, moreover, was hostile and said she c ...
The prosecution in People v. Whicker, 2007 Cal. App. Unpub. LEXIS 5197 (Cal. App. June 26, 2007), was evidently unable to authenticate an email in the traditional way. (See Internet and Email Evidence on the Recent Articles page for a…
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Expert Spoliation — Diligence in Maintaining Files — Computer Crash

The deposition of the defense expert in Jama v. Esmor Correctional Servs., 2007 U.S. Dist. LEXIS 45706 (D.N.J. June 25, 2007), suggested that defense counsel had not been diligent in instructing the expert to preserve his files and, worse, that some data had been lost: Q. In May were you asked when you were retained by the defendant's law ...
The deposition of the defense expert in Jama v. Esmor Correctional Servs., 2007 U.S. Dist. LEXIS 45706 (D.N.J. June 25, 2007), suggested that defense counsel had not been diligent in instructing the expert to preserve his files and, worse, that…
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Daubert, Rule 702 and The Humble Expert

The interesting issue in Watson v. United States, 485 F.3d 1100 (10th Cir. 2007), was, in the Court’s words: ‛What to do when an expert witness says he isn't really so expert?“ The plaintiff prisoner was suing the government under the Federal Tort Claims Act for negligent treatment of his medical condition, resulting in a brain hemorrhage. The govern ...
The interesting issue in Watson v. United States, 485 F.3d 1100 (10th Cir. 2007), was, in the Court’s words: ‛What to do when an expert witness says he isn’t really so expert?“ The plaintiff prisoner was suing the government under…
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Obstruction as a Cause of Action for Spoliation

Negligent failure to diagnose cancer was the original tort but it was not the basis for suit in Grant v. High Point Regional Health Sys., 2007 N.C. App. LEXIS 1331 (N.C. App. June 19, 2007). Three years after the treatment, plaintiff’s counsel notified the hospital by letter of the potential malpractice claim and requested records and x-rays (enclosing an ...
Negligent failure to diagnose cancer was the original tort but it was not the basis for suit in Grant v. High Point Regional Health Sys., 2007 N.C. App. LEXIS 1331 (N.C. App. June 19, 2007). Three years after the treatment,…
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No Reliance vs. Merger/Integration Clauses

The issue in FMC Techs., Inc. v. Edwards, 2007 U.S. Dist. LEXIS 42512 (W.D. Wash. June 12, 2007) was whether a no-reliance clause embedded in a merger/integration clause operated to foreclose a claim of fraud in the inducement. The clause in question read as follows: Full Integration/Amendments in Writing. This Agreement is the ...
The issue in FMC Techs., Inc. v. Edwards, 2007 U.S. Dist. LEXIS 42512 (W.D. Wash. June 12, 2007) was whether a no-reliance clause embedded in a merger/integration clause operated to foreclose a claim of fraud in the inducement. The clause…
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Arbitration — Waiver — Choice of Law — Non-Signatories

Kidnapping led to the suit in Khan v. Parsons Global Servs., 480 F. Supp. 2d 327 (D.D.C. 2007). Plaintiff Azhar Ali Khan worked for defendant Parsons Global abroad. While in the Philippines, he was kidnapped. Following his release, he and his wife sued Parsons Global and affiliated entities in connection with the kidnapping, including counts of negligence ...
Kidnapping led to the suit in Khan v. Parsons Global Servs., 480 F. Supp. 2d 327 (D.D.C. 2007). Plaintiff Azhar Ali Khan worked for defendant Parsons Global abroad. While in the Philippines, he was kidnapped. Following his release, he and…
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Agent Admissions — Lay Conclusions of Law

How much corroborative evidence do you need to be able to introduce the admission of an apparent agent? If you have enough, is the entire statement necessarily admissible against the principal? Federal Rule of Evidence 801(d)(2) provides that an extrajudicial statement is not hearsay if: The statement is offered against a party and is . ...
How much corroborative evidence do you need to be able to introduce the admission of an apparent agent? If you have enough, is the entire statement necessarily admissible against the principal? Federal Rule of Evidence 801(d)(2) provides that an extrajudicial…
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Recent Posts

Rule 11 Sanctions — Successful Dershowitz Appeal in Election Case — (1) Ninth Circuit Splits with Sixth Holding (2-1) All Signers of a Court Paper Are Liable for Everything in It, Even If They Can Prove They Had No Role in the Sanctionable Portions (Ed. Ques.: (i) How Did They “Violate[] The Rule” (Rule 11(c)(2))? (ii) Why Does Reasonableness Require Every Lawyer to Read Every Allegation? (iii) Why Can’t They Or Their Clients Allocate Work? (iv) How Are Limited-Role, Innocent Lawyers “Responsible for the Violation” (Rule 11(c)(2))?)) — (2) Goodyear v. Haeger Doesn’t Allow Innocent Lawyers to Prove They Did Not Cause Any Damages (Ed.: Majority Conflates Basis for Seeking Fees with Defense to Fees) — (3) From Concurrence: Duties of Local Counsel (n. 3)

Rule 11 and § 1927 Sanctions — Jurisdiction to Sanction Survives Demise of Case — Rule 11 Sanctions Require Both a Baseless Pleading And an Unreasonable Inquiry (The Latter of Which May Be Inferable from the Former) — Amount of Time Available Affects Analysis of What Investigation Is Reasonable — Meaning of “Bad Faith” for § 1927 Sanctions in Ninth Circuit

Today Is The 24th Anniversary Of The Firm

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)

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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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