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

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 LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Ma ...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 LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Mathews in isolated housing for writing a "group petition," in violation of a Department of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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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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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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