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

Class Actions – Settlement Administrator as Court-Appointed Expert / Taxation of Costs

The plaintiff and its counsel in In re Cardizem CD Antitrust Litig., 2007 U.S. App. LEXIS (6th Cir. Feb. 22, 2007), had filed an unsuccessful objection to a class action settlement, and resolution of that objection caused expense as well as delay. After the objection was overruled by the Sixth Circuit (in a prior decision), the District Court ordered plaintiffsâ ...
The plaintiff and its counsel in In re Cardizem CD Antitrust Litig., 2007 U.S. App. LEXIS (6th Cir. Feb. 22, 2007), had filed an unsuccessful objection to a class action settlement, and resolution of that objection caused expense as well…
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Electronic Discovery & Spoliation — The Three Components of an Effective Litigation Hold

1. Written directions to custodians and IT personnel. 2. Protocol for retrieving and preserving electronically-stored information. V 3. Monitoring procedures to ensure that custodians and IT personnel are following the directions and implementing the protocol. ...
1. Written directions to custodians and IT personnel. 2. Protocol for retrieving and preserving electronically-stored information. V 3. Monitoring procedures to ensure that custodians and IT personnel are following the directions and implementing the protocol.
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Electronic Discovery & Spoliation — The 10 Questions to Ask at the Beginning of Any Engagement

1. Who are the key players? 2. Where is the electronically-stored information (ESI) that they generate? 3. Where else is relevant ESI stored? 4. How is it organized? 5. How difficult is it to retrieve? 6. How costly is it to retrieve? 7. Who has custody of it? < ...
1. Who are the key players? 2. Where is the electronically-stored information (ESI) that they generate? 3. Where else is relevant ESI stored? 4. How is it organized? 5. How difficult is it to retrieve? 6. How costly is it…
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Discovery Subpoenas — Transfer to Situs of Action

Courts are divided as to whether a dispute over a third party subpoena that has been served outside the district in which the case is being litigated must be resolved in the district where the discovery is to be taken (i.e., where the subpoena is served) or whether it may be transferred to the district possessing the underlying action. Cases going both ways are cit ...
Courts are divided as to whether a dispute over a third party subpoena that has been served outside the district in which the case is being litigated must be resolved in the district where the discovery is to be taken…
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PSLRA — All Facts / Scienter / Loss Causation

The Fourth Circuit’s 2-1 decision last week affirming dismissal of a securities fraud class action, Teachers' Retirement Sys. of Louisiana v. Hunter, 2007 U.S. App. LEXIS 3698 (4th Cir. Feb. 20, 2007), is notable in three respects: (1) its discussion of the ‛all facts“ requirement of the PSLRA, (2) the percentages of stock sold by the individual defendants ...
The Fourth Circuit’s 2-1 decision last week affirming dismissal of a securities fraud class action, Teachers’ Retirement Sys. of Louisiana v. Hunter, 2007 U.S. App. LEXIS 3698 (4th Cir. Feb. 20, 2007), is notable in three respects: (1) its discussion…
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PSLRA Discovery Stay

The automatic discovery stay of the PSLRA was partially lifted by Judge Gerald Rosen on February 15th in the Delphi securities class action (In re Delphi Corp. Secs. Litig., 2007 U.S. Dist. LEXIS 10408 (E.D. Mich. Feb. 15, 2007)). The Court granted the securities plaintiffs access to the materials produced by Delphi, other defendants and third parties to federal au ...
The automatic discovery stay of the PSLRA was partially lifted by Judge Gerald Rosen on February 15th in the Delphi securities class action (In re Delphi Corp. Secs. Litig., 2007 U.S. Dist. LEXIS 10408 (E.D. Mich. Feb. 15, 2007)). The…
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Daubert — Damages — Theft of Employees & Confidential Information

The plaintiff in TruGreen Cos. v. Scotts Lawn Serv., 2007 U.S. Dist. LEXIS 10916 (D. Utah Feb. 13, 2007), lost a branch manager and several employees to the defendant, a competitor. The plaintiff filed suit for breach of contract, intentional interference with contractual and economic relations, and unfair competition. District Judge Paul Cassell granted summar ...
The plaintiff in TruGreen Cos. v. Scotts Lawn Serv., 2007 U.S. Dist. LEXIS 10916 (D. Utah Feb. 13, 2007), lost a branch manager and several employees to the defendant, a competitor. The plaintiff filed suit for breach of contract, intentional…
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Discovery Subpoenas — Failure to Notify Adversary of Service

Fed.R.Civ.P. 45(b)(1) requires that all parties be notified of the issuance of a subpoena for discovery purposes. At a minimum "the 'prior notice' requirement mandates notice to the opposing parties at least simultaneously with the issuance of the subpoenas." McClendon v. TelOhio Credit Union, No. 2:05-CV-1160, 2006 WL 2380601, at *2 (S.D. Ohio Aug 14, 2006). Neit ...
Fed.R.Civ.P. 45(b)(1) requires that all parties be notified of the issuance of a subpoena for discovery purposes. At a minimum “the ‘prior notice’ requirement mandates notice to the opposing parties at least simultaneously with the issuance of the subpoenas.” McClendon…
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Attorney Admissions Offered Against Client

When are extrajudicial statements of counsel admissible against the client? In United States v. Jung, 473 F.3d 837 (7th Cir. 2007), the defendant was charged with securities fraud for putting his investors' money at risk for debts that were not theirs (i.e., exposing their assets to cross-collateralization, which resulted in millions of dollars in losses). The ...
When are extrajudicial statements of counsel admissible against the client? In United States v. Jung, 473 F.3d 837 (7th Cir. 2007), the defendant was charged with securities fraud for putting his investors’ money at risk for debts that were not…
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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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