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

No Disqualification for Concurrent Representation — Insurer’s Employment of Lawyer for Insured Creates Only Principal-Independent Contractor Relationship

Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before ...
Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before the Court is Plaintiff's motion for attorneys' fees and related nontaxable [*2] …
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Rule 37(a)(2) Sanctions: 4 Factors in + 4 More If Case-Ending (5th Cir.) — Is Striking Pleadings Always Case Ending? — An Effect Cannot Precede Its Cause (Good Quote)

Law Funder LLC v. Munoz, 2019 WL 2127559 (5th Cir. May 16, 2019): PER CURIAM: *1 The Law Funder, L.L.C., sued Sergio Munoz, Jr., and his law firm for legal malpractice. Finding a series of discovery violations and related malfeasance, the district court struck Munoz’s answer. Munoz did not move to replead, an ...
Law Funder LLC v. Munoz, 2019 WL 2127559 (5th Cir. May 16, 2019): PER CURIAM: *1 The Law Funder, L.L.C., sued Sergio Munoz, Jr., and his law firm for legal malpractice. Finding a series of discovery violations and related malfeasance,…
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Sanctions: Failure to Honor Safe Harbor Dooms R. 11 Motion — No Bad Faith for Inherent Power Where Claim Survived Dismissal Motion — A Single Amended Complaint, No Delay in Discovery, Then Prompt Dismissal of Claims ≠ §1927 Multiplicity

PER CURIAM: Akira Techs., Inc. v. Conceptant, Inc., 2019 WL 2024830 (4th Cir. May 8, 2019) (unpublished): Appellants Conceptant, Inc., NuCognition, Inc., Joshua Phipps, Andrey Mikhalchuk, and Lisa Houle appeal the district court’s order denying their motion for attorney’s fees against Appellee Akira Technologies, Inc. Becau ...
PER CURIAM: Akira Techs., Inc. v. Conceptant, Inc., 2019 WL 2024830 (4th Cir. May 8, 2019) (unpublished): Appellants Conceptant, Inc., NuCognition, Inc., Joshua Phipps, Andrey Mikhalchuk, and Lisa Houle appeal the district court’s order denying their motion for attorney’s fees…
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Rule 11 Sanctions for Stubbornly Pursuing Time-Barred Claim Despite Judicial Warning — Order to Show Cause for FRAP 38 Sanctions for Even More Frivolous Arguments on Appeal & Not Even Responding to 1 Dispositive Argument

Veit v. Frater, 2019 U.S. App. LEXIS 10711, 2019 WL 1568077 (7th Cir. April 11, 2019) (unpublished): In
Veit v. Frater, 2019 U.S. App. LEXIS 10711, 2019 WL 1568077 (7th Cir. April 11, 2019) (unpublished): In Veit v. Frater, 715 F. App'x 524 (7th Cir. 2017), we vacated the district court's decision that claim preclusion …
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Arbitration — By Signing NY Convention, Sovereign Waives Immunity from Enforcement in Other Signatory States, Per 28 U.S.C. §1605(a)(1) — No Waiver by Signing Int’l Agreement Not Mentioning Waiver — Waiver vs. Arb. Exceptions in §1605

Tatneft v. Ukr., 2019 U.S. App. LEXIS 15787 (D.C. Cir. May 28, 2019): J U D G M E N T This case was considered on the record fro ...
Tatneft v. Ukr., 2019 U.S. App. LEXIS 15787 (D.C. Cir. May 28, 2019): J U D G M E N T This case was considered on the record from the United States District Court for the District of Columbia,…
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Confidentiality of Litigation Docs—3 Standards: Rule 26(c), Common Law Right of Access, 1st Amendment — Judicial Records, Including Summary Judgment Exhibits, Presumptively Available under Common Law Rt. — Unclear If 1st Amend. Applies to SJ Exhs.

In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 2019 U.S. App. LEXIS 14794, 2019 WL 2119630 (3d Cir. May 15, 2019): Following a decision of the Dis ...
In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 2019 U.S. App. LEXIS 14794, 2019 WL 2119630 (3d Cir. May 15, 2019): Following a decision of the District Court granting summary judgment to GlaxoSmithKline LLC ("GSK"), the losing…
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Privilege & Work Product Apply to Public Relations Firm — Log Must Show All Elements of Priv. — Detailed Discussion of Fiduciary Exception (Inapt in Securities Fraud Case), Waiver, Predominant Business v. Legal Purpose, Crime-Fraud

Pearlstein v. Blackberry Ltd., 2019 U.S. Dist. LEXIS 45098, 2019 WL 1259382 (S.D.N.Y. March 19, 2019): OPINION AND ORDER REGARDING BLACKBERRY'S ...
Pearlstein v. Blackberry Ltd., 2019 U.S. Dist. LEXIS 45098, 2019 WL 1259382 (S.D.N.Y. March 19, 2019): OPINION AND ORDER REGARDING BLACKBERRY'S PRIVILEGE DESIGNATIONS KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE BACKGROUND This case is a putative class action alleging…
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Arbitration — 2-Step Analysis: Whether (1) Parties Entered into Arb. Agreement, (2) If So, It Delegates to Arbitrator Issue of Arbitrability? — Whether Litigant Is Subrogated to Arb. Agmt. Is Step (1) Question — Schein Affects Step (2) Only

Lloyd's Syndicate 457 v. FloaTEC, L.L.C., 2019 U.S. App. LEXIS 11256 (5th Cir. April 17, 2019): This case concerns a disputed siting of Big Foot in ...
Lloyd's Syndicate 457 v. FloaTEC, L.L.C., 2019 U.S. App. LEXIS 11256 (5th Cir. April 17, 2019): This case concerns a disputed siting of Big Foot in the Gulf of Mexico. We refer to a floating oil-drilling platform that rests …
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Rule 37(c)(1) Exclusion of Expert Testimony for Failure to Timely Disclose Expert Evidence “Falls in the Heartland of Case Management Decisions” and “Review Is Highly Deferential” (Good Quotes)

Grant v. Entertainment Cruises and Spirit Cruises, LLC, 2019 WL 2158218 (D.C. Cir. April 29, 2019): MEMORANDUM Grant appeals from a judgment entered against her after a bench trial in an action for personal injury she brought under the Jones Act,
Grant v. Entertainment Cruises and Spirit Cruises, LLC, 2019 WL 2158218 (D.C. Cir. April 29, 2019): MEMORANDUM Grant appeals from a judgment entered against her after a bench trial in an action for personal injury she brought under the Jones…
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Supreme Court: Impossibility Preemption Based on Agency Unwillingness to Allow Action Required by State Law to Be Decided by Judge, Not Jury, Including Subsidiary Fact Questions

 Merck Sharp & Dohme Corp. v. Albrecht, 2019 U.S. LEXIS 3542 (U.S. May 20, 2019): When Congress enacted the
Merck Sharp & Dohme Corp. v. Albrecht, 2019 U.S. LEXIS 3542 (U.S. May 20, 2019): When Congress enacted the Federal Food, Drug, and Cosmetic Act, ch. 675, 52 Stat. 1040, as amended, 21 U. S. C. §301 et seq., …
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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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