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

Attorney-Client Privilege — Government Lawyers

In re County of Erie, 2007 U.S. App. LEXIS 26 (2d Cir. Jan. 3, 2007), the Second Circuit addressed whether "the attorney-client privilege protects communications that pass between a government lawyer having no policymaking authority and a public official, where those communications assess the legality of a policy and propose alternative policies in that light." ...
In re County of Erie, 2007 U.S. App. LEXIS 26 (2d Cir. Jan. 3, 2007), the Second Circuit addressed whether “the attorney-client privilege protects communications that pass between a government lawyer having no policymaking authority and a public official, where…
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Securities Fraud — Auditor Liability

Yesterday, the Seventh Circuit affirmed dismissal of negligent misrepresentation, common law fraud and securities fraud claims (the latter on loss causation grounds) against PriceWaterhouse Coopers in Tricontinental Indus. Ltd. v. PwC, 2007 U.S. App. LEXIS 914 (7th Cir. Jan. 17, 2007). ...
Yesterday, the Seventh Circuit affirmed dismissal of negligent misrepresentation, common law fraud and securities fraud claims (the latter on loss causation grounds) against PriceWaterhouse Coopers in Tricontinental Indus. Ltd. v. PwC, 2007 U.S. App. LEXIS 914 (7th Cir. Jan. 17, 2007).
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Sanctions — Spoliation

No good deed goes unpunished. A State Farm policyholder had a serious home fire caused by a defective kitchen appliance. State Farm responded within a day and sent in a fire investigator who determined that a toaster oven instigated the fire. State Farm preserved the toaster oven and other potential igniters and authorized a demolition repair company to come i ...
No good deed goes unpunished. A State Farm policyholder had a serious home fire caused by a defective kitchen appliance. State Farm responded within a day and sent in a fire investigator who determined that a toaster oven instigated the…
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Appellate Procedure — Trial Judge’s Ability to be Heard

Last week, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York filed in the Second Circuit a response to the mandamus petition of KPMG challenging the District Court’s order refusing to dismiss the complaint filed by former KPMG partners seeking advancement of costs to defend a highly publicized criminal prosecution. Un ...
Last week, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York filed in the Second Circuit a response to the mandamus petition of KPMG challenging the District Court’s order refusing to dismiss…
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Experts — Rulemaking — Advisory Committee Meeting of January 13, 2007

The following are observations of Professor Daniel J. Capra, the Reporter to the Advisory Committee on the Federal Rules of Evidence and the Reed Professor of Law at Fordham Law School, concerning the meeting of the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure in Arizona last Saturday, January 13, 2007 dealing with expe ...
The following are observations of Professor Daniel J. Capra, the Reporter to the Advisory Committee on the Federal Rules of Evidence and the Reed Professor of Law at Fordham Law School, concerning the meeting of the Discovery Subcommittee of the…
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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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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 Propoerty 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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