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

Anonymous Parties vs. Rule 10(a): Does Proceeding Anonymously Without Leave of Court Strip Court of Jurisdiction? — Circuit Split — Factors Sufficient & Insufficient to Warrant Anonymity

Plaintiff Doctor v. Hosp. Serv. Dist. #3, 2019 U.S. Dist. LEXIS 13900, 2019 WL 351492 (E.D. La. Jan. 29, 2019): Before the Court is a Motion to Dismiss
Plaintiff Doctor v. Hosp. Serv. Dist. #3, 2019 U.S. Dist. LEXIS 13900, 2019 WL 351492 (E.D. La. Jan. 29, 2019): Before the Court is a Motion to Dismiss1 filed on behalf of defendants, Hospital Service District No.…
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Third-Party Hearsay within Business Record/Admission (Email) Prepared by Agent of Party Must Independently Satisfy Hearsay Rule [Johnson v. Lutz Unmentioned]

Walker v. DDR Corp., 2019 U.S. Dist. LEXIS 12307, 2019 WL 331223 (D.S.C. Jan. 25 2019): This matter is before the court for review of DDR Corp. and BRE DDR Harbison Court LLC's (col ...
Walker v. DDR Corp., 2019 U.S. Dist. LEXIS 12307, 2019 WL 331223 (D.S.C. Jan. 25 2019): This matter is before the court for review of DDR Corp. and BRE DDR Harbison Court LLC's (collectively, "Defendants") Motion in Limine to…
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§ 1782 “For Use” Satisfied by (1) Foreign Arbitration (Case Law Split), (2) Criminal Investigation (If Applicant Can Inject the Data) & (3) Liquidation Proceeding That Does More Than Enforce Prior Judgments

In re In re the Children's Inv. Fund Found. UK, 2019 U.S. Dist. LEXIS 14862 (S.D.N.Y. Jan. 30, 2019): On March 21, 2018, Applicants The Children's Investment Fund Foundation (UK ...
In re In re the Children's Inv. Fund Found. UK, 2019 U.S. Dist. LEXIS 14862 (S.D.N.Y. Jan. 30, 2019): On March 21, 2018, Applicants The Children's Investment Fund Foundation (UK) ("Children's Fund"), Sir Christopher Hohn, and Axon Partners, LP…
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Sanctions Denial for Failure to Provide Safe Harbor— Good Quotes: “This Fight Has Gone on Long Enough” — “Enough Is Enough” — “The Facts Sound More Like a Soap Opera Than a Federal Court Case”

Rocket Real Estate, LLC. v. Maestres, 2019 WL 384408 (11th Cir. Jan. 30, 2019) (unpublished): *1 This fight has gone on long enough. In the current battle of this longstanding legal feud, Appellant Lourdes Maestres appeals from the district court’s denial of her motion for sanctions against Appellee ...
Rocket Real Estate, LLC. v. Maestres, 2019 WL 384408 (11th Cir. Jan. 30, 2019) (unpublished): *1 This fight has gone on long enough. In the current battle of this longstanding legal feud, Appellant Lourdes Maestres appeals from the district…
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Voicemail Authenticity Unaffected by Fact Exhibit Is Re-Recording — Best Evidence Satisfied by Unavailability of Original under Rule 1004 [& 1002] & Authenticity by Phone Owner’s Identification of Voice & Party’s Admission

People v. Lemoine, 2018 Mich. App. LEXIS 1778 (Mich. Ct. App., Apr. 24, 2018): Per Curiam. Defendant appeals as of right his jury conviction of second-degree criminal sexual conduct (CSC-II),
People v. Lemoine, 2018 Mich. App. LEXIS 1778 (Mich. Ct. App., Apr. 24, 2018): Per Curiam. Defendant appeals as of right his jury conviction of second-degree criminal sexual conduct (CSC-II), MCL 750.520c(1)(a), for which the trial court sentenced…
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Class Actions: Am. Pipe Tolling Ends upon Denial of Certification — Neither Reconsideration Nor Appeal Extend It — Sanctions: Citing Outdated & Abrogated Cases ≠ Argument for Good Faith Change in Law — Meritorious Motion Isn’t Frivolous

McCabe v. Lifetime Entm't Servs., 2019 U.S. App. LEXIS 3133, 2019 WL 409440 (2d Cir. Jan. 31, 2019) (Summary Order): UPON DUE CONSIDERATION, IT IS HEREBY OR ...
McCabe v. Lifetime Entm't Servs., 2019 U.S. App. LEXIS 3133, 2019 WL 409440 (2d Cir. Jan. 31, 2019) (Summary Order): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and…
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RICO Conspiracy: Individual Relationship Spokes United by a Unifying Purpose ≠ Hub & Spoke Conspiracy — Where Cover-Up Is Essential Element of Criminal Scheme, It Counts for Continuity Purposes–Constitutional–Appeals: Must Specify Cross-Adoption

United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents
United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents Go to table1 [End of Document] I. Introduction Chaka Fattah, Sr., a powerful and prominent fixture in Philadelphia politics, financially overextended himself…
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RICO: Fraud of 3rd Parties for Purpose of Harming Plaintiffs = Proximate Cause — Rejecting Argument Statute of Limitations Doesn’t Commence Until Def. “Delivers Gift-Wrapped Admission” of Liability (Good Quote)

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolida ...
Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases…
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Social Media Photo Authenticated by Testimony It Is an Accurate Screenshot, Contents Depicted & Associated Comments on Same Facebook Page, and Lack of Evidence Suggesting Fabrication or Alteration

State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1]  Defendant-appellant, Chavez D. Caslin, appeals from a judgment ...
State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1]  Defendant-appellant, Chavez D. Caslin, appeals from a judgment of the Franklin County Court of Common Pleas entered on July 27, 2017, sentencing Caslin …
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RICO: Neither Patent Infringement Nor Unfavorable Judicial Rulings Are Predicate Acts — Infringing Products ≠ Stolen Property

Arunachalam v. IBM Corp., 2019 WL 350760 (3d Cir. Jan. 28, 2019) (unpublished): PER CURIAM. *1 Dr. Lakshmi Arunachalam, proceeding pro se, appeals multiple decisions from the United States District Court for the District of Delaware, including its dismissal of a patent infringement claim, dismissal of civil claims under the Rac ...
Arunachalam v. IBM Corp., 2019 WL 350760 (3d Cir. Jan. 28, 2019) (unpublished): PER CURIAM. *1 Dr. Lakshmi Arunachalam, proceeding pro se, appeals multiple decisions from the United States District Court for the District of Delaware, including its dismissal of…
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Recent Posts

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

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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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