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

RICO Conspiracy Claim Fails If Substantive Violation Inadequately Alleged

Manos v. MTC Fin’l, Inc., 2019 WL 3225991 (9th Cir. July 17, 2019) (unpublished): MEMORANDUM** *1 John Manos, Tara Borrelli, and Jessie Manos appeal from the district court’s judgment dismissing their action alleging federal and state law claims arisi ...
Manos v. MTC Fin’l, Inc., 2019 WL 3225991 (9th Cir. July 17, 2019) (unpublished): MEMORANDUM** *1 John Manos, Tara Borrelli, and Jessie Manos appeal from the district court’s judgment dismissing their action alleging federal and state law claims arising…
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Texts on Decedent’s Facebook Page Authenticated by Other Person’s Screen Name, Contents, Timing of Messages and Decedent’s Actions Consistent with Them

 State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court& ...
State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court's admission of a series of direct …
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Sanctions—Even Egregious Litigation Abuse Doesn’t Subject Non-Party (Corp. Officer) to Personal Liability for Amount of Claim against Party (Corp.) — Must Be Punished under Appropriate Sanctions Power

The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act,
The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). The…
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Text/Email Authentication — Password / Passcode / Key Is Self-Authenticating If It Works to Unlock Cell Phone [or Other Device]

State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaro ...
State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaron Stahl's cellphone. We…
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Disqualification: “Questionable at Best” Whether Party Has Standing to Raise a Conflict between Opposing Parties & Their Counsel (Good Quote) — Speculation That Adversay “Knew” a Lawsuit Was Coming Not Enough for Spoliation Sanctions

 Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5]  consolidated appeal of two employment-related civil actions stemming from William C. ...
Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5]  consolidated appeal of two employment-related civil actions stemming from William C. Plouffe, Jr.'s firing by Kutztown University. The first action was against…
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Non-Signatory May Not Compel Arbitration under NY Convention (NYC) — While FAA Permits This If State Law Allows, If the FAA Allows What the NYC Prohibits, the NYC Controls

 Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sug ...
Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sugandhalaya LLP ("SS LLP"), an incense manufacturing company based in Mumbai, appeals the district court's order denying its motion to…
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28 U.S.C. § 1782 — Foreign Recognition, Enforcement, Attachment & Garnishment Proceedings after Merits Decided Are Not “Adjudicative” & Thus Not “Proceedings” within §1782 — No Discovery Permitted

 In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("G ...
In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("Galaxy" or "Petitioner") seeking permission to …
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§1927 Sanctions — Failure to Withdraw Claim Despite Letter Identifying Flaws But Later Seeking to Do So When Same Flaws Are Identified to Court in Dismissal Motion Is Unreasonable and Vexatious within §1927

Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court abused its discretion when it determined Coleman’s failu ...
Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court…
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Daubert: Court Properly Excluded Testimony from Expert Whose Report Was Researched, Drafted by Counsel with Only Minimally Revisions by Expert — That Process “Substantially Detracts from His Testimony’s Reliability and Usefulness” (Good Quote)

Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS H ...
Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby…
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Arbitration: Denial without Prejudice of Motion to Compel Arbitration Is Reviewable under the FAA, 9 U.S.C. § 16(a)(1)(B) — Striking Such a Motion on Technical Grounds, Maybe Not

 Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory a ...
Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory appeal under the Federal Arbitration Act (FAA), 9 U.S.C. § 16, contending …
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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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