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

Rule 11 Sanctions Appropriate for Frivolous Notice of Removal — No Safe Harbor If Sanctions Imposed Sua Sponte

Wong v. Kracksmith, Inc., 2019 U.S. App. LEXIS 8157 (9th Cir. Mar. 19, 2019) (unpublished): MEMORANDUM* Appellants Kracks ...
Wong v. Kracksmith, Inc., 2019 U.S. App. LEXIS 8157 (9th Cir. Mar. 19, 2019) (unpublished): MEMORANDUM* Appellants Kracksmith, Inc., and William Stocker, its attorney in this action, appeal from the district court's order remanding plaintiff's action to California…
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Daubert/Experts: Focus = Helpfulness & Threshold Low (Relevance) — Judge Not to Supplant Jury, Rejection of Testimony Is Exception, Not Rule (Good Quotes) — Manifest Error Standard in Reviewing Expert Evidence Rulings — R. 50(b)=Anti-Ambush

Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court' ...
Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court's opinion is GRANTED and our prior panel opinion, Puga v. RCX …
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R. 37(c) Sanctions: Damages Evidence Excluded, Resulting in Dismissal of Claim, for Failure to Disclose Pursuant to Rule 26(a) — 9th Cir. Factors When Exclusion = Dismissal — Weighing Choice of Law Factors under Restatement 2d §188

Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King Co ...
Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King County, Washington. In 2010, metal brackets securing a crucial component broke, resulting in …
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Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases,
Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime…
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Magistrate Judge May Impose Criminal Contempt ($5,000 on Counsel) — No Need for Subject Matter Jurisdiction If Order Violated — Crim. Contempt = Separate Proceeding — Lawyer Must Assert Privilege Question by Ques. — Order = Compulsory Process

United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summar ...
United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summarily holding him in criminal contempt for refusing a magistrate judge's orders to take …
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Spoliation of Tangible Evidence — Bad Faith Still Required (7th Circuit) — Mistake Not Enough

Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Ma ...
Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Mathews in isolated housing for writing a "group petition," in violation of a Department of Corrections …
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Facebook Page/Photos Sufficiently Authenticated by Equivocal Admissions (Didn’t Know Password for “My Facebook”), Contents (Photos of Alleged Page Owner), Message from Account with Owner’s First Name, Receipt of Page Data from Facebook

      People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. ...
People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. 21, 2019):  [*1]  APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Remanded for sentencing; and judgment otherwise affirmed.  …
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Federal Jurisdiction: Is Forum-Defendant Rule Jurisdictional? — Circuit Split — Choice of Law Clause Is Not “Tantamount” to Forum Selection Clause

Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271  (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diver ...
Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271  (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diversity jurisdiction pursuant to 28 U.S.C. §§…
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RICO—Relatedness: Use of Mail Fraud in 2 Schemes Not Enough; Nor Is Fact 1st Caused 2nd — 6th Cir. Factors — Continuity: No Bright Line 17 Mo. Minimum in 6th Cir. — No Acquisition Injury from Buying Co. as RICO Vehicle—No (d) If No (a)-(c)

Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Geo ...
Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Georgia, 2019 WL 1531876 (6th Cir. April 9, 2019): Plaintiffs appeal the district court’s dismissal of the civil RICO claims asserted in this action for failure to plausibly…
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28 U.S.C. §1782: Party Against Whom Discovery Is to Be Used May Intervene in Opposition — Party May Seek §1782 Discovery Despite Exclusive Venue Provision in Contract at Issue in the Foreign Dispute

Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the
Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the section 1782 application pursuant to rule 59(e), to quash…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

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

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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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