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

International Arbitration — New York Convention / Vacatur / Fees Assessment

The plaintiff/petitioner in Int’l Thunderbird Gaming Corp. v. United Mexican States, 2007 U.S. Dist. LEXIS 10070 (D.D.C. Feb. 14, 2007), sought to vacate a NAFTA arbitration award that rejected its claim against the Mexican Government for shutting down its gambling operations and awarded $1.25 million in costs fees to Mexico. Thunderbird’s primary argument w ...
The plaintiff/petitioner in Int’l Thunderbird Gaming Corp. v. United Mexican States, 2007 U.S. Dist. LEXIS 10070 (D.D.C. Feb. 14, 2007), sought to vacate a NAFTA arbitration award that rejected its claim against the Mexican Government for shutting down its gambling…
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Articles: Arbitration Appeals by Contract & Securities Pleadings

This week's National Law Journal has two interesting articles. The first, by Scott Stolley, deals with the Circuit split over whether parties may by contract authorize federal appellate courts to review arbitration awards ("Circuits Grapple with Courts' Role in Arbitration," http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1171620175359). The second, by Gregory Bal ...
This week’s National Law Journal has two interesting articles. The first, by Scott Stolley, deals with the Circuit split over whether parties may by contract authorize federal appellate courts to review arbitration awards (“Circuits Grapple with Courts’ Role in Arbitration,”…
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Federal Jurisdiction — Intersection of Supplemental and Bankruptcy Jurisdiction

The first-impression issue posed by the Court in Wolinsky v. Oak Tree Imaging, LP, 2007 U.S. Dist. LEXIS 9431 (S.D. Tex. Feb. 9, 2007), was: ‛Can a district court exercise jurisdiction over a withdrawn adversary proceeding's state law claims that supplement the federal bankruptcy claim in another court?“ For those of us who don’t practice bankruptcy law, ...
The first-impression issue posed by the Court in Wolinsky v. Oak Tree Imaging, LP, 2007 U.S. Dist. LEXIS 9431 (S.D. Tex. Feb. 9, 2007), was: ‛Can a district court exercise jurisdiction over a withdrawn adversary proceeding’s state law claims that…
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Interrogatory Answers — Counsel’s Signature — Sanctions

Every lawyer knows that interrogatory answers are to be signed by the client, the party with substantive knowledge (Rule 33(b)(2)), not by the lawyer, who separately signs as to the objections (id.) and thereby certifies that the answers are true to the best of the lawyer’s knowledge, information and belief (Rule 26(g)(2)). Does it happen that lawyers, alone, exe ...
Every lawyer knows that interrogatory answers are to be signed by the client, the party with substantive knowledge (Rule 33(b)(2)), not by the lawyer, who separately signs as to the objections (id.) and thereby certifies that the answers are true…
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New Federal Judicial Center Guide — Managing Electronic Discovery

Download associated file: FJC Electronic Discovery Guide.pdf  The Federal Judicial Center has issued a pocket guide to help federal judges manage the discovery of electronically stored information. The guide, entitled "Managing Discovery of Electronic Information: A Poc ...
Download associated file: FJC Electronic Discovery Guide.pdf  The Federal Judicial Center has issued a pocket guide to help federal judges manage the discovery of electronically stored information. The guide, entitled “Managing Discovery of Electronic Information: A Pocket Guide for…
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Electronic Spoliation by Third Party — Adverse Inference

The defendant in In re NTL, Inc., Sec. Litig., 2007 U.S. Dist. LEXIS 6198 (S.D.N.Y. Jan. 30, 2007), did not have physical custody of the electronically-stored information that was lost, but it was subjected to an adverse inference because that information had been in its ‛control“ and — in the no-good-deed-goes-unpunished department — litigation hold memo ...
The defendant in In re NTL, Inc., Sec. Litig., 2007 U.S. Dist. LEXIS 6198 (S.D.N.Y. Jan. 30, 2007), did not have physical custody of the electronically-stored information that was lost, but it was subjected to an adverse inference because that…
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Court-Appointed Experts — Standard of Review

Does a plaintiff have a right to a court-appointed expert where expert testimony is an element of the plaintiffs’ cause of action? Not in the D.C. Circuit, under Gaviria v. Reynolds, 2007 U.S. App. LEXIS 2890 (D.C. Cir. Feb. 9, 2007) (a medical malpractice action brought by a pro se prisoner). Recognizing that the ‛standard for reviewing the district court's r ...
Does a plaintiff have a right to a court-appointed expert where expert testimony is an element of the plaintiffs’ cause of action? Not in the D.C. Circuit, under Gaviria v. Reynolds, 2007 U.S. App. LEXIS 2890 (D.C. Cir. Feb. 9,…
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A Sanction By Any Other Name — When Is Judicial Criticism Appealable?

It is well-settled that a judicial reprimand of counsel may be entered as a sanction, and that this sanction is appealable. It is equally true that ‛mere criticism“ of counsel is not appealable. (It never seems ‛mere“ at the time.) The question is when judicial criticism that is not explicitly entered as a sanction may be appealed — specifically, wha ...
It is well-settled that a judicial reprimand of counsel may be entered as a sanction, and that this sanction is appealable. It is equally true that ‛mere criticism“ of counsel is not appealable. (It never seems ‛mere“ at the time.)…
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Contractual Choice of Law — Erie Implications

The contractual choice of law provision in Schwan’s Sales Enters. v. SIG Pack, Inc., 2007 U.S. App. LEXIS 2933 (8th Cir. Feb. 9, 2007), dictated the application of Wisconsin law. This diversity action was filed in the District of Minnesota. There was no dispute that the rights and obligations of the parties would be determined under Wisconsin law. But, after ...
The contractual choice of law provision in Schwan’s Sales Enters. v. SIG Pack, Inc., 2007 U.S. App. LEXIS 2933 (8th Cir. Feb. 9, 2007), dictated the application of Wisconsin law. This diversity action was filed in the District of Minnesota.…
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Daubert & Class Certification

The Ninth Circuit’s split opinion affirming certification in the class action against Wal-Mart alleging sex discrimination, Dukes v. Wal-Mart, Inc., 2007 U.S. App. LEXIS 2601 (9th Cir. Feb. 6 2007), contains a significant holding regarding the evidentiary standard governing experts who testify at the class certification stage. ‛[C]ourts need not apply the full ...
The Ninth Circuit’s split opinion affirming certification in the class action against Wal-Mart alleging sex discrimination, Dukes v. Wal-Mart, Inc., 2007 U.S. App. LEXIS 2601 (9th Cir. Feb. 6 2007), contains a significant holding regarding the evidentiary standard governing experts…
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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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