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

Email Authentication — Receipt in Ordinary Course of Business

Email authentication was the issue in State v. Reynolds, 2007 Iowa App. LEXIS 232 (Iowa App. Feb. 28, 2007), a prosecution for theft for cashing in phony postal money orders at a bank. The prosecution offered, and the trial court admitted, packets of documents relating to each transaction at issue consisting of (1) a bank transaction ticket, (2) a cash out statemen ...
Email authentication was the issue in State v. Reynolds, 2007 Iowa App. LEXIS 232 (Iowa App. Feb. 28, 2007), a prosecution for theft for cashing in phony postal money orders at a bank. The prosecution offered, and the trial court…
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Attorney-Client Privilege / Work Product Protection — Insurers & Coverage Counsel

Engagement letters matter. The plaintiff insured in Pengate Handling Sys., Inc. v. Westchester Surplus Lines Ins. Co., 2007 U.S. Dist. LEXIS 13303 (E.D. Pa. Feb. 27, 2007), sought communications between the defendant insurer and the outside law firm which the carrier had retained shortly after the claim was filed. District Judge Sylvia Rambo found "the engageme ...
Engagement letters matter. The plaintiff insured in Pengate Handling Sys., Inc. v. Westchester Surplus Lines Ins. Co., 2007 U.S. Dist. LEXIS 13303 (E.D. Pa. Feb. 27, 2007), sought communications between the defendant insurer and the outside law firm which the…
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More Thoughts On Wikipedia As a Reliable Authority for Experts

From Samuel N. Fraidin, thoughts on Alfa v. OAO (posting of March 4, 2007): 1. Experts are frequently allowed to bring in material that would otherwise be hearsay (e.g., books whose authors aren't available to be cross examined), but under Rule 703 that is limited to sources that are typically consulted by experts in the field. (See also Rule 702(1)-(2).) I ...
From Samuel N. Fraidin, thoughts on Alfa v. OAO (posting of March 4, 2007): 1. Experts are frequently allowed to bring in material that would otherwise be hearsay (e.g., books whose authors aren’t available to be cross examined), but under…
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Statute of Limitations Unaffected by Dismissal without Prejudice — Class Action

"The Seventh Circuit has squarely held that 'a suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed.... [T]he statute of limitations is deemed unaffected by the filing of the suit, so that if the statute of limitations has run the dismissal is effectively with prejudice.'" In re NeoPharm Secs. Litig., 2007 U. ...
“The Seventh Circuit has squarely held that ‘a suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed…. [T]he statute of limitations is deemed unaffected by the filing of the suit, so…
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Can a Computer Crash Constitute Spoliation?

Maybe. Plaintiffs’ counsel in Thompson v Jiffy Lube Int’l, Inc., 2007 U.S. Dist. LEXIS 13078 (D. Kan. Feb. 22, 2007), was unable to comply with court-ordered discovery because, in counsel’s words, ‛in December 2005, my hard drive crashed and I lost a lot of data that had not been backed up and [the data at issue] were there.“ The defendants contended the ...
Maybe. Plaintiffs’ counsel in Thompson v Jiffy Lube Int’l, Inc., 2007 U.S. Dist. LEXIS 13078 (D. Kan. Feb. 22, 2007), was unable to comply with court-ordered discovery because, in counsel’s words, ‛in December 2005, my hard drive crashed and I…
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Forum Non Conveniens Determination May Precede Assessment of Jurisdiction

The Supreme Court held today that a district court has discretion to respond at once to a defendant's forum non conveniens plea, and need not take up first any other threshold objection. In particular, a court need not resolve whether it has authority to adjudicate the cause (subject-matter jurisdiction) or personal jurisdiction over the defendant if it determines t ...
The Supreme Court held today that a district court has discretion to respond at once to a defendant’s forum non conveniens plea, and need not take up first any other threshold objection. In particular, a court need not resolve whether…
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Experts — Daubert — Wikipedia Is a Reliable Authority?

Can an expert offer opinion testimony if he or she is relying on Wikipedia, the internet encyclopedia that describes itself as ‛the free encyclopedia that anyone can edit“ (http://en.wikipedia.org/wiki/Main_Page) and ‛an encyclopedia collaboratively written by many of its readers“ (http://en.wikipedia.org/wiki/Wikipedia:Introduction)? One might have though ...
Can an expert offer opinion testimony if he or she is relying on Wikipedia, the internet encyclopedia that describes itself as ‛the free encyclopedia that anyone can edit“ (http://en.wikipedia.org/wiki/Main_Page) and ‛an encyclopedia collaboratively written by many of its readers“ (http://en.wikipedia.org/wiki/Wikipedia:Introduction)?…
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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 plaintiffs ...
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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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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