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

Sanctions: Expert Exclusion — Scheduling Order Violation — When Only One Report Timely Submitted: “A Party Who … Put[s] All … Eggs in One Basket [Cannot] Complain When The Basket Proves Inadequate” (Good Quote)

González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such ...
González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such orders at their peril. This case, in which plaintiff-appellant Aglaed…
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FRAP 38 Sanctions Appropriate for Appeal “Brought without the Slightest Chance of Success” and Which “Thus Should Not Have Been Brought at All” (Good Quote)

Beter v. Murdoch, 2019 WL 2537524 (2d Cir. June 20, 2019) (unpublished):     SUMMARY ORDER   Plaintiff-Appellant Petra Beter, formerly a photographer for Michael Bloomberg’s first mayoral campaign, appeals from the judgment of the district court dismissing her lawsuit as ...
Beter v. Murdoch, 2019 WL 2537524 (2d Cir. June 20, 2019) (unpublished):     SUMMARY ORDER   Plaintiff-Appellant Petra Beter, formerly a photographer for Michael Bloomberg’s first mayoral campaign, appeals from the judgment of the district court dismissing her lawsuit asserting various causes …
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RICO Enterprise: Association Not Distinct from Association-in-Fact Composed of Ass’n + Its Members — Head of Ass’n Is Distinct from Ass’n

 Llacua v. W. Range Ass'n, 2019 U.S. App. LEXIS 20965 (10th Cir. July 16, 2019): I. INTRODUCTION Five Peruvian shepherds (the "Shepherds")
Llacua v. W. Range Ass'n, 2019 U.S. App. LEXIS 20965 (10th Cir. July 16, 2019): I. INTRODUCTION Five Peruvian shepherds (the "Shepherds")1 who worked in the Western United States pursuant to H-2A agricultural visas2 brought antitrust3 claims, …
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§ 1782: Where Foreign Case Over, Fact Discovery May Permit Reopening Likely Not “For Use” — Foreign View Applicant’s Claims Totally Lack Merit Relevant to “Receptivity” — Can Magistrate Judge Decide 1782s? (See Dissent)

Khrapunov v. Prosyankin, 2019 U.S. App. LEXIS 22062 (9th Cir. July 24, 2019):
Khrapunov v. Prosyankin, 2019 U.S. App. LEXIS 22062 (9th Cir. July 24, 2019): 28 U.S.C. § 1782 authorizes, but does not require, federal district courts to assist in the production of evidence for use in a foreign or international tribunal.…
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While Magistrate Judges May Not Impose Rule 11 Sanctions in the Second Circuit [& Can Only Issue R&Rs], They May Impose Monetary [& Other Non-Dispositive] Rule 37 Sanctions

 Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, 2019 U.S. App. LEXIS 15860 (2d Cir. May 29, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERAT ...
Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, 2019 U.S. App. LEXIS 15860 (2d Cir. May 29, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court…
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Rule 11 Sanctions: Frivolousness Standard Unmet Because “Claims Were Not Disposed of So Easily As to Make Them Frivolous” (Good Quote)PER CURIAM:

Gatti v. Goodman, 2019 WL 3213887 (11t Cir. July 17, 2019) (unpublished): *1 Appellants Lou Gatti and Twin Palms, Inc., appeal the district court’s grant of summary judgment to Appellees Helen Goodman, Cliff Goodman, and Twin Palms Resort in this property dispute case. Federal court jurisdiction is based on diversit ...
Gatti v. Goodman, 2019 WL 3213887 (11t Cir. July 17, 2019) (unpublished): *1 Appellants Lou Gatti and Twin Palms, Inc., appeal the district court’s grant of summary judgment to Appellees Helen Goodman, Cliff Goodman, and Twin Palms Resort in this…
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§ 1782 — Tag Service = “Found” — Signatory to Hague Evidence Convention Likely Receptive to U.S. Discovery — When Is Action “Within Reasonable Contemplation”? — Discovery from Anticipated Defendant Inappropriate

 Sandra Holding v. Fawzi, 2019 U.S. Dist. LEXIS 116920 (D. Mass. July 15, 2019): I. Introduction The petitioner, Sandra Holding Ltd. (Sandra Holding), seeks permission to obtain dis ...
Sandra Holding v. Fawzi, 2019 U.S. Dist. LEXIS 116920 (D. Mass. July 15, 2019): I. Introduction The petitioner, Sandra Holding Ltd. (Sandra Holding), seeks permission to obtain discovery in the United States for use in a foreign proceeding pursuant to…
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Sanctions: Default Judgment for Defendant’s Failure to Comply with Court-Ordered Discovery — Disobedience “Not Shown to Be Outside Control of Litigant” = Willfulness, Bad Faith or Fault (Good Quote)

 Apriori Techs. v. Broquard, 2019 U.S. App. LEXIS 21963 (9th Cir. July 23, 2019) (unpublished): MEMORANDUM* Charles Jerome Broquard ap ...
Apriori Techs. v. Broquard, 2019 U.S. App. LEXIS 21963 (9th Cir. July 23, 2019) (unpublished): MEMORANDUM* Charles Jerome Broquard appeals pro se from the district court's default judgment and permanent injunction in plaintiff's diversity action alleging defamation, intentional interference …
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Rule 12(b)(1) Motion to Dismiss for Lack of Standing Is a Facial Attack on Complaint and Considered under Same Standard as Rule 12(b)(6) Motion

 Willekes v. Serengeti Trading Co., 2019 U.S. App. LEXIS 22214, 2019 WL 3335554 (3d Cir. July 25, 2019) (unpublished): These appeals arise from the District Court’s dismissal of a suit filed by a ...
Willekes v. Serengeti Trading Co., 2019 U.S. App. LEXIS 22214, 2019 WL 3335554 (3d Cir. July 25, 2019) (unpublished): These appeals arise from the District Court’s dismissal of a suit filed by appellants George, Mark, and Robert Willekes, shareholders …
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§ 1782 — Person “Found” within District Only If Presence Satisfies Due Process As Articulated in Supreme Court’s Personal Jurisdiction Case Law (Goodyear, Daimler, et al.)

 In re Aso, 2019 U.S. Dist. LEXIS 120873 (S.D.N.Y. July 19, 2019): MEMORANDUM ORDER JAMES L. COTT, United States Magistrate Judge. On April 12, 2019, P ...
In re Aso, 2019 U.S. Dist. LEXIS 120873 (S.D.N.Y. July 19, 2019): MEMORANDUM ORDER JAMES L. COTT, United States Magistrate Judge. On April 12, 2019, Petitioner applied for an order to conduct discovery for use in foreign proceedings pursuant…
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Recent Posts

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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