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

Securities — Subsidiary’s Failure to Disclose Parent’s Financial Condition / Materiality

Resolving what she identified as a question of first impression, District Judge Nancy Edmunds held in J&R Marketing v. General Motors Corp., 2007 U.S. Dist. LEXIS 13227 (E.D. Mich. Feb. 27, 2007), that a wholly-owned subsidiary which issues securities (GMAC) has no duty under § 11 or § 12(a)(2) of the 1933 Act to disclose financial information of its parent com ...
Resolving what she identified as a question of first impression, District Judge Nancy Edmunds held in J&R Marketing v. General Motors Corp., 2007 U.S. Dist. LEXIS 13227 (E.D. Mich. Feb. 27, 2007), that a wholly-owned subsidiary which issues securities (GMAC)…
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Discovery Sanctions — Accepting Packages from Strangers

Client signs agreement outside the presence of counsel. Client places agreement in sealed envelope. Client gives envelope to lawyer for safekeeping without disclosing what it contains. Lawyer accepts envelope and places it in firm safe. In the words of District Judge James E. Gritzner in Books Are Fun, Ltd. v. Rosebrough, 239 F.R.D. 532 (S.D. Iowa 2007), ‛The ...
Client signs agreement outside the presence of counsel. Client places agreement in sealed envelope. Client gives envelope to lawyer for safekeeping without disclosing what it contains. Lawyer accepts envelope and places it in firm safe. In the words of District…
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Class Action Fairness Act — Home State Law and Securities Law Carve-Outs

CAFA’s jurisdictional grant is limited. Jurisdiction depends on the non-existence of certain factors. The plaintiffs in Genton v. Vestin Realty Mort. II, Inc., 2007 U.S. Dist. LEXIS 16892 (S.D. Cal. March 9, 2007), were a putative class of investors who owned Vestin Fund II, LLC ("Vestin") securities and voted against Vestin's merger with Vestin Realty Mortga ...
CAFA’s jurisdictional grant is limited. Jurisdiction depends on the non-existence of certain factors. The plaintiffs in Genton v. Vestin Realty Mort. II, Inc., 2007 U.S. Dist. LEXIS 16892 (S.D. Cal. March 9, 2007), were a putative class of investors who…
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Work Product — Internal Investigation — Communications with/by Auditors

In re Veeco Instruments, Inc., Secs. Litig., 2007 U.S. Dist. LEXIS 16922 (S.D.N.Y. March 9, 2007), involved a restatement of earnings that led to an internal investigation. Plaintiff sought all reports, workpapers, interview notes, memoranda, and other documents created or prepared by (1) Veeco, (2) outside counsel Kaye Scholer LLP, (3) the accounting firm retai ...
In re Veeco Instruments, Inc., Secs. Litig., 2007 U.S. Dist. LEXIS 16922 (S.D.N.Y. March 9, 2007), involved a restatement of earnings that led to an internal investigation. Plaintiff sought all reports, workpapers, interview notes, memoranda, and other documents created or…
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Grable — Air Crash — Arising Under Jurisdiction

Zahora v. Airmotive Corp., 2007 U.S. Dist. LEXIS 17155 (E.D. Pa. March 8, 2007) was a wrongful death action arising out of a plane crash. The complaint alleged negligence, strict liability, misrepresentation, breach of warranty, and breach of contract. Plaintiffs filed suit in Pennsylvania state court, and the defendants removed on the basis of federal question jur ...
Zahora v. Airmotive Corp., 2007 U.S. Dist. LEXIS 17155 (E.D. Pa. March 8, 2007) was a wrongful death action arising out of a plane crash. The complaint alleged negligence, strict liability, misrepresentation, breach of warranty, and breach of contract. Plaintiffs…
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Interrogatories — More on Signature by Counsel

In distinction to the Fifth Circuit decision in Sample v. Miles, 2007 U.S. App. LEXIS 3027 (5th Cir. Feb. 9, 2007) (posting of February 17, 2007), which required an individual (rather than counsel) to sign interrogatories directed to that individual, see Heartland Surgical Specialty Hospital v. Midwest Division, Inc., 2007 U.S. Dist. LEXIS 16816 (D. Kan. March 8, 20 ...
In distinction to the Fifth Circuit decision in Sample v. Miles, 2007 U.S. App. LEXIS 3027 (5th Cir. Feb. 9, 2007) (posting of February 17, 2007), which required an individual (rather than counsel) to sign interrogatories directed to that individual,…
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Ghostwriting as Ethical / Rule 11 Violation

An attorney assisted the pro se plaintiff in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5, 2007) by ghostwriting certain court papers for her. The defendant contended that this was unethical under the New Jersey Rules of Professional Conduct. Magistrate Judge Tonianne Bongiovanni agree ...
An attorney assisted the pro se plaintiff in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5, 2007) by ghostwriting certain court papers for her. The defendant…
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Electronic Discovery & Spoliation — Pre-Litigation Letters / Litigation Hold / Counsel’s Oversight Duties / Multiple Issues

When must a litigation hold be implemented? How explicit must a pre-litigation warning be? The only way to insure that the duty to preserve evidence has been triggered is to demand it. Consider Cache Poudre Feeds, LLC v. Land O’Lakes Inc., 2007 U.S. Dist. LEXIS 15277 (D. Colo. March 2, 2007). In April and June of 2002, plaintiff’s counsel telephoned and w ...
When must a litigation hold be implemented? How explicit must a pre-litigation warning be? The only way to insure that the duty to preserve evidence has been triggered is to demand it. Consider Cache Poudre Feeds, LLC v. Land O’Lakes…
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21st Century Defamation — Libel via Internet

In Sundance Image Tech., Inc. v. Cone Editions Press, Ltd., 2007 U.S. Dist. LEXIS 16356 (S.D. Cal. March 7, 2007), the plaintiff claimed that the defendant posted libelous statements on the Internet about plaintiffs' products, causing plaintiffs' revenues to fall dramatically. How do traditional libel doctrines apply to defamation via web? 1. ...
In Sundance Image Tech., Inc. v. Cone Editions Press, Ltd., 2007 U.S. Dist. LEXIS 16356 (S.D. Cal. March 7, 2007), the plaintiff claimed that the defendant posted libelous statements on the Internet about plaintiffs’ products, causing plaintiffs’ revenues to fall…
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Recent Posts

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

“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”

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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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