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

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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Work Product — Internal Investigation — Communications with/by Auditors

In re Veeco Instruments, Inc., Secs. Litig., 2007 U.S. Dist. LEXIS 16922 (S.D.N.Y. March 9, 2007), involved a restatement of earnings that led to an internal investigation. Plaintiff sought all reports, workpapers, interview notes, memoranda, and other documents created or prepared by (1) Veeco, (2) outside counsel Kaye Scholer LLP, (3) the accounting firm retai ...
In re Veeco Instruments, Inc., Secs. Litig., 2007 U.S. Dist. LEXIS 16922 (S.D.N.Y. March 9, 2007), involved a restatement of earnings that led to an internal investigation. Plaintiff sought all reports, workpapers, interview notes, memoranda, and other documents created or…
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Grable — Air Crash — Arising Under Jurisdiction

Zahora v. Airmotive Corp., 2007 U.S. Dist. LEXIS 17155 (E.D. Pa. March 8, 2007) was a wrongful death action arising out of a plane crash. The complaint alleged negligence, strict liability, misrepresentation, breach of warranty, and breach of contract. Plaintiffs filed suit in Pennsylvania state court, and the defendants removed on the basis of federal question jur ...
Zahora v. Airmotive Corp., 2007 U.S. Dist. LEXIS 17155 (E.D. Pa. March 8, 2007) was a wrongful death action arising out of a plane crash. The complaint alleged negligence, strict liability, misrepresentation, breach of warranty, and breach of contract. Plaintiffs…
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Interrogatories — More on Signature by Counsel

In distinction to the Fifth Circuit decision in Sample v. Miles, 2007 U.S. App. LEXIS 3027 (5th Cir. Feb. 9, 2007) (posting of February 17, 2007), which required an individual (rather than counsel) to sign interrogatories directed to that individual, see Heartland Surgical Specialty Hospital v. Midwest Division, Inc., 2007 U.S. Dist. LEXIS 16816 (D. Kan. March 8, 20 ...
In distinction to the Fifth Circuit decision in Sample v. Miles, 2007 U.S. App. LEXIS 3027 (5th Cir. Feb. 9, 2007) (posting of February 17, 2007), which required an individual (rather than counsel) to sign interrogatories directed to that individual,…
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Ghostwriting as Ethical / Rule 11 Violation

An attorney assisted the pro se plaintiff in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5, 2007) by ghostwriting certain court papers for her. The defendant contended that this was unethical under the New Jersey Rules of Professional Conduct. Magistrate Judge Tonianne Bongiovanni agree ...
An attorney assisted the pro se plaintiff in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5, 2007) by ghostwriting certain court papers for her. The defendant…
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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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