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

Wikipedia as a Reliable Authority? — The Last Word

Following up on posts of March 4 and March 7, who better than Jimmy Wales, the co-founder of Wikipedia, to put to rest the notion that Wikipedia is an authority worthy of reliance. In this week's issue of Time magazine, and online at http://www.time.com/time/business/article/0,8599,1601491,00.html, Wales responds to the question, "How can I persuade my teachers to ...
Following up on posts of March 4 and March 7, who better than Jimmy Wales, the co-founder of Wikipedia, to put to rest the notion that Wikipedia is an authority worthy of reliance. In this week’s issue of Time magazine,…
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Attorney-Client Privilege — Crime-Fraud Exception — Civil Actions

Most decisions addressing the crime-fraud exception arise in the criminal context. The Ninth Circuit, in In re Napster, Inc. Copyright Litig., 2007 U.S. App. LEXIS 5836 (9th Cir. Mar. 14, 2007), addressed three issues in the civil context: (1) the standard of review, (2) the burden of proof on the party seeking to vitiate the privilege when it asks district cou ...
Most decisions addressing the crime-fraud exception arise in the criminal context. The Ninth Circuit, in In re Napster, Inc. Copyright Litig., 2007 U.S. App. LEXIS 5836 (9th Cir. Mar. 14, 2007), addressed three issues in the civil context: (1) the…
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Stay Pending Appeal — Issue of First Impression

The factors considered by the District Court in determining whether to issue a stay pending appeal are the same as those considered by the Court of Appeals, under the Supreme Court’s decision in Hilton v. Braunskill, 481 U.S. 770, 777 (1987) — namely: ‛(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whe ...
The factors considered by the District Court in determining whether to issue a stay pending appeal are the same as those considered by the Court of Appeals, under the Supreme Court’s decision in Hilton v. Braunskill, 481 U.S. 770, 777…
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Attorney-Client Privilege — Waiver via Disclosure in SEC Filing

Does reporting a reserve figure waive privilege or work product protection for underlying documents? The defendant oil company in In re BP Prods. No. Am., 2006 Tex. App. LEXIS 9008 (Oct. 13, 2006) reported in an SEC filing that it had reserved $700 million to resolve claims for injury and death arising out of an explosion at a refinery. The reserve figure was comp ...
Does reporting a reserve figure waive privilege or work product protection for underlying documents? The defendant oil company in In re BP Prods. No. Am., 2006 Tex. App. LEXIS 9008 (Oct. 13, 2006) reported in an SEC filing that it…
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Class Certification — Rule 23(f) and the Merits — Enron and the Banks

Download associated file: Enron 5th Cir Decision.pdf  The attached decision of the Fifth Circuit in Enron (Regents of the Univ. of Calif. v. Credit Suisse First Boston (USA), Inc., 2007 U.S. App. LEXIS 6396 (5th Cir. March 19, 2007)) largely exculpates financial instit ...
Download associated file: Enron 5th Cir Decision.pdf  The attached decision of the Fifth Circuit in Enron (Regents of the Univ. of Calif. v. Credit Suisse First Boston (USA), Inc., 2007 U.S. App. LEXIS 6396 (5th Cir. March 19, 2007))…
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Morgan Stanley’s Florida Miracle (For Now) — Reversal on Expert Economic Testimony

Download associated file: Morgan Stanley v Coleman.pdf  The $1.58 billion verdict and judgment entered against Morgan Stanley in Florida state court was reversed on March 21, with instructions to enter judgment for the defendant (no new trial). The 2 to 1 decision of ...
Download associated file: Morgan Stanley v Coleman.pdf  The $1.58 billion verdict and judgment entered against Morgan Stanley in Florida state court was reversed on March 21, with instructions to enter judgment for the defendant (no new trial). The 2…
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Sanctions — Reasonable Attorneys’ Fees

The Seventh Circuit left no doubt that the District Judge was correct to impose monetary sanctions in Kathrein v. Monar, 2007 U.S. App. LEXIS 5596 (7th Cir. March 6, 2007) (an opinion which begins: ‛For a fourth time [plaintiff]Michael Lee Kathrein asks us to get involved in matters arising from the juvenile antics he has inflicted upon his ex-wife's current h ...
The Seventh Circuit left no doubt that the District Judge was correct to impose monetary sanctions in Kathrein v. Monar, 2007 U.S. App. LEXIS 5596 (7th Cir. March 6, 2007) (an opinion which begins: ‛For a fourth time [plaintiff]Michael Lee…
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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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Recent Posts

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

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

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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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