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

Summary Judgment — Rulemaking

On January 29, 2007, the Advisory Committee on the Federal Rules of Civil Procedure is holding a mini-conference in New York to address possible amendments to Rule 56. The concern is the perceived disparity between practice and the text of the rule. The most significant revision would require: (i) the moving party to file a statement of undisputed facts on whic ...
On January 29, 2007, the Advisory Committee on the Federal Rules of Civil Procedure is holding a mini-conference in New York to address possible amendments to Rule 56. The concern is the perceived disparity between practice and the text of…
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Attorney Client Privilege — Waiver — Rulemaking

The comment period for Proposed Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Waiver By Disclosure) ends on February 15, 2007. It is a very important rule that has four major components: (1) It articulates a test for determining the extent of subject matter waiver of privileged or work product material that is v ...
The comment period for Proposed Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Waiver By Disclosure) ends on February 15, 2007. It is a very important rule that has four major components: (1) It articulates a test for…
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Sanctions — Discretion — Relevance of Movant’s Conduct

Yesterday, the Federal Circuit upheld a denial of sanctions by the Central District of California, reasoning that the District Court properly took into account the behavior of defense counsel in exercising its discretion not to sanction plaintiff's counsel: "[W]ith respect to the conduct of [plaintiff's] counsel in the litigation, the court observed that the conduc ...
Yesterday, the Federal Circuit upheld a denial of sanctions by the Central District of California, reasoning that the District Court properly took into account the behavior of defense counsel in exercising its discretion not to sanction plaintiff’s counsel: “[W]ith respect…
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New NY State Ethics Rules Governing Websites

New York will have new ethics rules governing the contents of websites and advertisements effective February 1, 2007. They may be found at http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml. (GPJ) ...
New York will have new ethics rules governing the contents of websites and advertisements effective February 1, 2007. They may be found at http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml. (GPJ)
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Electronic Discovery — Metadata

The ABA Standing Committee on Ethics and Professional Responsibility has opined that it is generally permissible under the Model Rules to peel metadata out of documents received electronically. (Formal Opinion 06-442: Review and Use of Metadata (August 5, 2006).) Note that state ethics rules, which often vary from the Model Rules, may impose other obligations. F ...
The ABA Standing Committee on Ethics and Professional Responsibility has opined that it is generally permissible under the Model Rules to peel metadata out of documents received electronically. (Formal Opinion 06-442: Review and Use of Metadata (August 5, 2006).) Note…
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Class Action Fairness Act — Burden of Proof

On December 26, 2006, the Second Circuit joined the Seventh, Ninth and Eleventh in concluding that the defendant bears the burden of establishing federal subject matter jurisdiction under CAFA. It also remanded to the District Court for explicit findings as to how it calculated reasonably probable damages, given that the $5 million aggregated amount in controversy ...
On December 26, 2006, the Second Circuit joined the Seventh, Ninth and Eleventh in concluding that the defendant bears the burden of establishing federal subject matter jurisdiction under CAFA. It also remanded to the District Court for explicit findings as…
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Experts – Rulemaking

On January 13, 2007, the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure will be meeting in Arizona to consider whether the expert witness rule -- specifically, Rule 26(a)(2)(B) -- should be amended (1) to protect drafts of expert reports from discovery, (2) to protect some or all communications between counsel and expert for ...
On January 13, 2007, the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure will be meeting in Arizona to consider whether the expert witness rule — specifically, Rule 26(a)(2)(B) — should be amended (1) to…
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The Four Most Significant Developments in Federal Practice in 2006

(1) The December 1, 2006 Electronic Discovery amendments to the Federal Rules of Civil Procedure and the increasing burden on outside counsel to monitor preservation and compliance. (2) Increasingly stringent class certification requirements culminating in the Second Circuit's decision in the IPO Securities Litigation on December 5, 2006 (In re Initial Public ...
(1) The December 1, 2006 Electronic Discovery amendments to the Federal Rules of Civil Procedure and the increasing burden on outside counsel to monitor preservation and compliance. (2) Increasingly stringent class certification requirements culminating in the Second Circuit’s decision in…
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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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