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

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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Testimony As to Authorship, Substance of Unadmitted Texts Allowed, Authenticated by Tone, Contents, Access to Sending Device — Best Evidence Not Addressed

Commonwealth v. Louf, 2019 Mass. App. Unpub. LEXIS 403 (Mass. Ct. App. May 23, 2019) (summary decision): MEMORANDUM AND ORDER PURSUANT TO
Commonwealth v. Louf, 2019 Mass. App. Unpub. LEXIS 403 (Mass. Ct. App. May 23, 2019) (summary decision): MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 Following an eight-day trial in October, 2016, a jury convicted the defendant, Joseph Louf, of…
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Res Judicata: Federal Court Order Confirming Arbitration Award Has Same Preclusive Effect As Final Judgment, Which Is Determined by State Law in Diversity Case — Non-Party Parent Corp. Entitled to Same Preclusive Benefit as Wholly-Owned Subsidiary/Party

NTCH-WA, Inc. v. ZTE Corp., 2019 U.S. App. LEXIS 12283 (9th Cir. April 25, 2014): Plaintiff-Appellant NTCH-WA, Inc. previously arbitrated breach of con ...
NTCH-WA, Inc. v. ZTE Corp., 2019 U.S. App. LEXIS 12283 (9th Cir. April 25, 2014): Plaintiff-Appellant NTCH-WA, Inc. previously arbitrated breach of contract and related claims against ZTE USA, a wholly-owned subsidiary of Defendant-Appellee ZTE Corp. ZTE Corp. was …
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Hearsay — Rule 801(d)(2) — Employee Must Still Be Employed But Needn’t Be in Same Position When Making Admission (Circuit Split — See Dissent, Note 4) — Irrelevance of 2011 Amendment

Weil v. Citizens Telecom Servs. Co., LLC, 2019 U.S. App. LEXIS 12666, 2019 WL 1891796 (9th Cir. April 29, 2019): Hearsay does not include statements offered ag ...
Weil v. Citizens Telecom Servs. Co., LLC, 2019 U.S. App. LEXIS 12666, 2019 WL 1891796 (9th Cir. April 29, 2019): Hearsay does not include statements offered against a party, made by that party's employee on a matter within the…
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Text Authentication — Recipient’s Testimony + Alleged Sender’s Admission That They Texted and Inability to Deny That “These Messages Are True” — Printouts Admitted Absent Genuine Issue as to Accuracy

In re Parenting Of: T.P.D.C. v. Staat, 2019 MT 107N, 2019 Mont. LEXIS 167 (Mont. May 7, 2019) (non-precedential):  [*P1]  Pursuant to Sectio ...
In re Parenting Of: T.P.D.C. v. Staat, 2019 MT 107N, 2019 Mont. LEXIS 167 (Mont. May 7, 2019) (non-precedential):  [*P1]  Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion…
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Inherent Power Sanctions — D.Ct. Should Consider Lesser Sanctions before Dismissing, But Need Not If Plaintiff Acted in Bad Faith, Has Significant Litigation Experience [Especially] with In Forma Pauperis Statute

Shepherd v. Annucci, 2019 U.S. App. LEXIS 10971 (2d Cir. April 15, 2019): Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United Stat ...
Shepherd v. Annucci, 2019 U.S. App. LEXIS 10971 (2d Cir. April 15, 2019): Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United States District Court for the Western District of New York (Larimer, J.), which dismissed his pro …
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Suspending Sanctions ‘Til New Violation — Dist. Court Has FRAP 38-Like Sanctions for Bkcy. Appeals — Cutting Brief Pages as Sanction — Lack of Merit + Motive = Objective Bad Faith — Attacks on Court, Counsel Sxable—Fed. Cts. & St. Discipline

In re Lisse, 2019 U.S. App. LEXIS 9496 (7th Cir. April 1, 2019): Attorney Wendy Alison Nora appeals a decision requiring her and her client to pay damages and ...
In re Lisse, 2019 U.S. App. LEXIS 9496 (7th Cir. April 1, 2019): Attorney Wendy Alison Nora appeals a decision requiring her and her client to pay damages and costs related to this bankruptcy litigation, as well as an…
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Court Lacks Inherent Power (IHP) to Release Grand Jury Records — Limited to Exceptions in Fed. R. Crim. P. 6(e) — Exercise of IHP Can’t Be Contrary to Express Grant of or Limitation on, Court’s Power in Rule or Statute

McKeever v.
McKeever v. Barr, 2019 U.S. App. LEXIS 10061, 2019 WL 1495027 (D.C. Cir. April 5, 2019) (2-1 decision): Historian Stuart A. McKeever appeals an order of the district court denying his petition to release grand jury records from the …
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Sanctions: Should Lawyer’s Sins Be Visited on Client? (Opinion vs. Concurence) — R 37 Dismissal (Factors) for Misconduct at Adverse Medical Exam — Secret Recording Deceptive Even If Legal

Mager v. Wis. Cent., 2019 U.S. App. LEXIS 14364 (6th Cir. May 15, 2019): Peter Mager sought to recover damages under the Federal Employer's Liabili ...
Mager v. Wis. Cent., 2019 U.S. App. LEXIS 14364 (6th Cir. May 15, 2019): Peter Mager sought to recover damages under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51, et seq., for injuries he allegedly  [**2]  sustained…
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If Daubert Framework Followed, Appellate Review = Abuse of Discretion—Expert [Here, Experience-Based] Must “Demonstrate Conclusions More Than Guesses,” Have “Justification Beyond A Simple Say-So” (Good Quotes)

Varlen Corp. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 14529 (7th Cir. May 16, 2019): Varlen Corporation owned and operated two industrial sites t ...
Varlen Corp. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 14529 (7th Cir. May 16, 2019): Varlen Corporation owned and operated two industrial sites that were found to have significant amounts of groundwater contamination related to the sites' …
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Recent Posts

RICO: (1) Continuity: 4th Circuit Factors — (2) 4th Circuit Reserves RICO Liability for Unlawful Activities That Pose A Special Threat to Social Well-Being — (3) For Purposes of Determining Closed-Ended Continuity, Even Time-Barred Conduct Considered — (4) No Open-Ended Continuity If Racketeering Activity Has Built-In Ending Point — (5) Unlike General Federal Conspiracy, RICO Conspiracy Doesn’t Require Each Defendant to Perform an Overt Act in Furtherance of the Conspiracy

Whether Party Waived Arbitration by Litigating Is a Question for the Court, Not the Arbitrator

RICO: (1) Assignability of RICO Claims Uncertain — (2) Declining to Decide Whether Indirect-Purchaser Rule Applies to RICO (Given the Directness Requirement, How Much Does It Matter?) — (3) Two Types of Directness of Injury in Proximate Cause Analysis — (4) Proximate Cause As a Court Not Jury Issue in the First Instance

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

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

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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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