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

Taxation of Costs: Who Is the Prevailing Party when Both Sides Prevail on Something? — The One for Whom Judgment Is Entered — Taxable & Non-Taxable Deposition/Wayback Machine Costs (E.g., Video)

Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs ...
Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs (Doc. 329), Evident's objection (Doc. 330) and CPSI's reply (Doc.…
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Sanctions: While Negligence May Be Inadequate to Support Dismissal under R. 16 or for Failure to Prosecute, Attorney’s Fees Are Required by R. 16 for Ignoring Scheduling Orders unless Substantially Justified or Harmless

Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION*
Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION* PER CURIAM Pro se appellant Jean Coulter appeals from the judgment of the United States District…
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Texts Authenticated: Phone Taken from Party, Phone Properties Indicate Ownership (Picture of Party = “User-Generated Artifact”), Corroborated by Email Addresses & Content of Texts — Risk of Spoofing Acknowledged

Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial cour ...
Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial court abused its discretion in (1) excluding…
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Authentication: Attorney Affidavit Attaching Uncertified Copies of Public Records as “True and Correct” Based on Conclusory Assertion of “Personal Knowledge” Inadequate over Objection (Note: Fed. R. Evid. 902(5) Inapplicable)

City of Bakersfield v. W. Park Home Owners Ass'n & Friends, 2019 Cal. App. Unpub. LEXIS 2349 (Cal. Ct. App. April 4, 2019): West Park Home Owners Association and Friends (West Park ...
City of Bakersfield v. W. Park Home Owners Ass'n & Friends, 2019 Cal. App. Unpub. LEXIS 2349 (Cal. Ct. App. April 4, 2019): West Park Home Owners Association and Friends (West Park) opposed an action filed by the City…
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Supreme Court—Securities: Non-Maker Liable for Knowing Dissemination under 10b-5 & 17(a)(1) — Same Conduct Can Create Both Primary & Secondary Liability, Violate Multiple Subparts of 10b-5 –Janus Limited to Non-Disseminating Drafters?

Lorenzo v. SEC, 2019 U.S. LEXIS 2295, 2019 WL 1369839 (U.S. Mar. 27, 2019): Securities and Exchange Commission
Lorenzo v. SEC, 2019 U.S. LEXIS 2295, 2019 WL 1369839 (U.S. Mar. 27, 2019): Securities and Exchange Commission Rule 10b-5 makes it unlawful: [*6]  “(a) To employ any device, scheme, or artifice to defraud, “(b) To make any untrue…
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Supreme Court: Failure of Expert in Social Security Hearing to Disclose Supporting Data Doesn’t Necessarily Mean Substantial Evidence Standard Unmet — “Substantial” Evidence in Agency Proceedings Is “More Than a Mere Scintilla” (Good Quote)

Biestek v. Berryhill, 2019 U.S. LEXIS 2480 (U.S. April 1, 2019): The Social Security Administration (SSA) provides benefits to individuals who cannot obtain work because of a p ...
Biestek v. Berryhill, 2019 U.S. LEXIS 2480 (U.S. April 1, 2019): The Social Security Administration (SSA) provides benefits to individuals who cannot obtain work because of a physical or mental disability. To determine whether an applicant is entitled to …
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Dismissal Sanction — Neither R. 37 Nor Inherent Power Requires Clear & Explicit Warning — Lack = Factor for Court to Consider in Selecting Sanction — Rendering Discovery & Summary Judgment Useless with New Evidence Suffices (4th Cir. Factors)

Rangarajan v. Johns Hopkins Univ., 2019 U.S. App. LEXIS 5194 (4th Cir. Feb. 22, 2019): Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the ...
Rangarajan v. Johns Hopkins Univ., 2019 U.S. App. LEXIS 5194 (4th Cir. Feb. 22, 2019): Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the School of Medicine of Johns Hopkins University — whether…
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Supreme Court: Service by Mail on Foreign State Per FSIA §1608(a)(3) Must Be Mailed to Foreign Minister in Home Country, Not Embassy — Court Lacks Response to One Argument “Other Than … Not … Perfect Draftsmanship” (Good Quote)

Republic of
Republic of Sudan v. Harrison, 2019 U.S. LEXIS 2293 , 2019 WL 1333259 (U.S. Mar. 26, 2019): This case concerns the requirements applicable to a particular method of serving civil process on a foreign state.  Under the Foreign Sovereign …
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§1927 Sanctions: Tantamount-to-Bad Faith Standard (11th Cir.) — Inherent Power/1927: Fees May Be Incurred “Because of” Counsel’s Misconduct Even after S/he Withdraws — That Some Evid. May Support a Different Finding Isn’t Clear Error (Good Quot

Eldredge v. EDCare Mgmt., 2019 U.S. App. LEXIS 8076 (11th Cir. Mar. 19, 2019) (unpublished): PER CURIAM: Amlong & Amlong, P.A., a law firm, appeals the district court' ...
Eldredge v. EDCare Mgmt., 2019 U.S. App. LEXIS 8076 (11th Cir. Mar. 19, 2019) (unpublished): PER CURIAM: Amlong & Amlong, P.A., a law firm, appeals the district court's imposition of sanctions against it totaling $422,433.30 in attorney's fees and …
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Disqualification Should Be Decided before Merits — No Informed Consent Where Waiver Letter Merely States Interests “Are Or May Become Adverse” without Explanation — No Prejudice in Fact from Ethical Breach

Cedar Rapids Bank & Trust Co. v. Mako One Corp., 2019 U.S. App. LEXIS 8507, 2019 WL 1283988 (8th Cir. Mar. 21, 2019): In August 2013, Mako One Corporation ("Mako") ac ...
Cedar Rapids Bank & Trust Co. v. Mako One Corp., 2019 U.S. App. LEXIS 8507, 2019 WL 1283988 (8th Cir. Mar. 21, 2019): In August 2013, Mako One Corporation ("Mako") acquired the historic Badgerow Jackson Building in downtown Sioux …
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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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