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

Electronic Discovery — Form of Production

The December 2006 electronic discovery amendments send mixed messages to recipients of document requests and subpoenas. Rule 34(b) permits, but does not require, the requesting party to specify the format in which it wishes to receive electronically stored information ("ESI"). The responding party may object to the requested format. If it does so, the responde ...
The December 2006 electronic discovery amendments send mixed messages to recipients of document requests and subpoenas. Rule 34(b) permits, but does not require, the requesting party to specify the format in which it wishes to receive electronically stored information (“ESI”).…
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Sanctions — E Government Act — Failure to Redact

The E Government Act of 2002 requires that personal identifiers, such as Social Security numbers, financial accounts to the last four digits, and names of minor children be redacted from federal court filings. The Judicial Conference of the United States has a Privacy Policy in place, the Standing Committee is finalizing rules on the subject that will go into effec ...
The E Government Act of 2002 requires that personal identifiers, such as Social Security numbers, financial accounts to the last four digits, and names of minor children be redacted from federal court filings. The Judicial Conference of the United States…
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Temporary Internet Files — Authentication

As discussed in an article on the Recent Articles page ("Internet and Email Evidence"), there is an accepted protocol for authenticating web pages, including archived web pages. A recent decision in the Northern District of Iowa extends this approach to authentication of Temporary Internet Files, which automatically store all accessed images so that the computer ca ...
As discussed in an article on the Recent Articles page (“Internet and Email Evidence”), there is an accepted protocol for authenticating web pages, including archived web pages. A recent decision in the Northern District of Iowa extends this approach to…
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Supplemental Jurisdiction — Legal Malpractice Claim

In Achtman v. Kirby, McInerney & Squire, LLP, 464 F.3d 328, 334-36 (2d Cir. 2006), the Second Circuit held that the District Court could exercise supplemental jurisdiction (28 U.S.C. § 1367) over a subsequent legal malpractice claim asserted against plaintiffs' counsel concerning their representation in a federal securities class action because "the present malplpr ...
In Achtman v. Kirby, McInerney & Squire, LLP, 464 F.3d 328, 334-36 (2d Cir. 2006), the Second Circuit held that the District Court could exercise supplemental jurisdiction (28 U.S.C. § 1367) over a subsequent legal malpractice claim asserted against plaintiffs’…
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Declaratory Judgment — Ripeness

The Supreme Court's decision yesterday in Medimmune, Inc. v. Genentech, Inc., No. 05-608 (U.S. Jan. 9, 2007), took a surprisingly liberal view of the ripeness of a dispute for case and controversy purposes. The case might be read as standing for the proposition that a party to a contract who is fully performing, but doesn't want to, can sue for a declaratory judgme ...
The Supreme Court’s decision yesterday in Medimmune, Inc. v. Genentech, Inc., No. 05-608 (U.S. Jan. 9, 2007), took a surprisingly liberal view of the ripeness of a dispute for case and controversy purposes. The case might be read as standing…
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Protective Orders — 2000 Amendment to Rule 5(d)

An article entitled ‛The 2000 Amendments to the Federal Rules of Civil Procedure & Evidence: A Preliminary Analysis“ (available on the Recent Articles page) observes that the 2000 amendment to Federal Rule of Civil Procedure 5(d) undercut a prior rationale for public access to discovery materials because it precluded application of the ‛judicial record“ doct ...
An article entitled ‛The 2000 Amendments to the Federal Rules of Civil Procedure & Evidence: A Preliminary Analysis“ (available on the Recent Articles page) observes that the 2000 amendment to Federal Rule of Civil Procedure 5(d) undercut a prior rationale…
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Attorney-Client Privilege/Work Product — Experts

The Sixth Circuit has largely ended the debate as to whether any communications between counsel and expert are protected from discovery. In Regional Airport Auth. v. LFG, LLC, 460 F.3d 697, 717 (6th Cir. 2006), it ruled that: ‛Rule 26 creates a bright-line rule mandating disclosure of all documents, including attorney opinion work product, given to testifying ex ...
The Sixth Circuit has largely ended the debate as to whether any communications between counsel and expert are protected from discovery. In Regional Airport Auth. v. LFG, LLC, 460 F.3d 697, 717 (6th Cir. 2006), it ruled that: ‛Rule 26…
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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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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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