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

Private Securities Litigation — Court of Appeals Round-Up

Below is a brief summary of precedential Court of Appeals decisions issued in the past 30 days in the field of private securities litigation: • Loss Causation. Ray v. Citigroup Global Markets, Inc., No. 05-4362, --- F.3d ---, 2007 WL 1080426 (7th Cir. Apr. 17, 2007). The suit was brought by retail investors against an investment advisor and his employer f ...
Below is a brief summary of precedential Court of Appeals decisions issued in the past 30 days in the field of private securities litigation: • Loss Causation. Ray v. Citigroup Global Markets, Inc., No. 05-4362, — F.3d —, 2007 WL…
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Supreme Court Addresses Qui Tam Requirements

The False Claims Act (‛FCA“) authorizes civil actions to be brought by the United States Attorney General or private individuals for false or fraudulent claims for payment made to the United States Government. With respect to suits by private individuals (known as ‛qui tam relators“), the FCA contains the following express limitation: "No court shall ...
The False Claims Act (‛FCA“) authorizes civil actions to be brought by the United States Attorney General or private individuals for false or fraudulent claims for payment made to the United States Government. With respect to suits by private individuals…
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Settlement of Underlying Case Does Not Bar Legal Malpractice Claim, New Jersey Court Rules

On Monday, a New Jersey appellate court ruled that a former client was not estopped from pursuing legal malpractice claims against an attorney for his alleged mishandling of the former client's action against two nursing homes, even though the client had voluntarily settled with the nursing homes before the underlying issues were litigated to a conclusion. See Pros ...
On Monday, a New Jersey appellate court ruled that a former client was not estopped from pursuing legal malpractice claims against an attorney for his alleged mishandling of the former client’s action against two nursing homes, even though the client…
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SEC Considering Limitations On Shareholder Lawsuits

The Wall Street Journal reported yesterday that the SEC is considering a new policy that would allow companies -- through a bylaw amendment -- to require that shareholder lawsuits be brought by arbitration, rather than litigation. The article, which notes that the matter is in the discussion stages, appears on the WSJ website, http://www.wsj.com. Doug Pepe
The Wall Street Journal reported yesterday that the SEC is considering a new policy that would allow companies — through a bylaw amendment — to require that shareholder lawsuits be brought by arbitration, rather than litigation. The article, which notes…
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Oral Argument In Tellabs

Download associated file: Supreme Court.pdf  As discussed in prior blogs, the Supreme Court is currently considering the proper standard for pleading a "strong inference" of scienter under the PSLRA in Tellabs, Inc. v. Makor Issues & Rights LTD., No. 06-484. The q ...
Download associated file: Supreme Court.pdf  As discussed in prior blogs, the Supreme Court is currently considering the proper standard for pleading a “strong inference” of scienter under the PSLRA in Tellabs, Inc. v. Makor Issues & Rights LTD., No.…
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Revised Rule 502 on Privilege Waiver — Final Committee Version

Download associated file: Final Rule 502 from Evid Committee.pdf  The meeting of the Advisory Committee on the Federal Rules of Evidence Rules has ended, and the final Committee version of Rule 502 is attached (it goes to the Standing Committee in June). Most notable: S ...
Download associated file: Final Rule 502 from Evid Committee.pdf  The meeting of the Advisory Committee on the Federal Rules of Evidence Rules has ended, and the final Committee version of Rule 502 is attached (it goes to the Standing…
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Statutory Language re Selective Waiver

Download associated file: Final Selective Waiver Statutory Language.pdf  Also from the just-concluded Evidence Rules Committee meeting: Attached is the final language drafted by the Advisory Committee on the Federal Rules of Evidence regarding selective waiver. As noted ...
Download associated file: Final Selective Waiver Statutory Language.pdf  Also from the just-concluded Evidence Rules Committee meeting: Attached is the final language drafted by the Advisory Committee on the Federal Rules of Evidence regarding selective waiver. As noted in the…
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Proposed SDNY and EDNY Rule Changes

Download associated file: SDNY and EDNY proposed rule changes effective May 2007.pdf  The United States District Courts for the Southern District of New York and the Eastern District of New York have proposed changes to their Local Civil Rules. The proposed changes, whic ...
Download associated file: SDNY and EDNY proposed rule changes effective May 2007.pdf  The United States District Courts for the Southern District of New York and the Eastern District of New York have proposed changes to their Local Civil Rules.…
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Are All ERISA Fiduciaries Created Equal?

Apparently not in the Third Circuit, at least when it comes to the application of the fiduciary exception to the attorney client privilege. Addressing an issue of first impression, the Third Circuit recently held in Wachtel v. Health Net, Inc., Nos. 06-3031 & 06-3032, 2007 WL 958572 (3d Cir. Apr. 2, 2007), that while the fiduciary exception may apply to ERISA plan ...
Apparently not in the Third Circuit, at least when it comes to the application of the fiduciary exception to the attorney client privilege. Addressing an issue of first impression, the Third Circuit recently held in Wachtel v. Health Net, Inc.,…
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New Eleventh Circuit Decision — Class Action Fairness Act

Download associated file: Lowery.pdf  On Wednesday, the Eleventh Circuit issued its decision in Lowery v. Alabama Power Co., Nos. 06-16324 & 06-325, --- F.3d ---, 2007 WL 1062769 (11th Cir. Apr. 11, 2007). The Lowery panel was not shy in its views on the clarity of CAFA' ...
Download associated file: Lowery.pdf  On Wednesday, the Eleventh Circuit issued its decision in Lowery v. Alabama Power Co., Nos. 06-16324 & 06-325, — F.3d —, 2007 WL 1062769 (11th Cir. Apr. 11, 2007). The Lowery panel was not shy…
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Recent Posts

“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

Rule 37 Sanctions — Contempt for Ignoring Orders Compelling Discovery (Fed. R. Civ. P. 37(b)(2)(A)(vii) — Contempt Factors (Second Circuit) — Sanctions Mandatory Unless Failure to Comply Substantially Justified or Award Would Be Unjust — No Due Process Violation Even Though Target Not Given An Opportunity to Be Heard Before Sanctions Granted Where (1) Target Knew Court Invited Fee Application, (2) Target Had 11 Days to Object or Respond Before Fees Issued, and (3) Court Thoroughly Considered Motion to Reconsider

FRAP 38 Sanctions: Second Circuit Generally Requires “Blatant Frivolity, Bad Faith, or Repetitive Filings” Before It Will Impose FRAP 38 Sanctions

“The Meaning Of Language Lies In How An Audience Understands [The] Words” (Good Quote)

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

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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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