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

Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our cou ...
Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But…
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Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se ...
Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se action against his former wife, Lila Cesar ("Cesar"), and four other defendants who allegedly helped her obtain…
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Does the FSIA Apply, & Limit Jurisdiction, in Criminal Cases? (Circuit Split) — Under Animal Sciences, Decl. of Foreign Law from Counsel Rejected (R. 44.1) — Old Cases=“Era When Jurisdiction Had Too Many Meanings (Good Quote)

In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge
In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Williams. *1 With the Foreign Sovereign Immunities Act …
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RICO Statute of Limitations — Plaintiffs Must Plead Fraudulent Concealment with Particularity to Establish Equitable Tolling

Evans v. Ariz. Cardinals Football Club, 2019 U.S. App. LEXIS 3706 *; __ Fed. Appx. __; 2019 WL 459857 (9th Cir. Feb. 9, 2019) (unpublished): MEMORANDUM
Evans v. Ariz. Cardinals Football Club, 2019 U.S. App. LEXIS 3706 *; __ Fed. Appx. __; 2019 WL 459857 (9th Cir. Feb. 9, 2019) (unpublished): MEMORANDUM* This case arises from a suit brought by former players and the …
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Prejudgment Interest — On Federal Claims, S.D.N.Y. Judges Split on Use of NY vs. Fed. Rate — Here, Fed. Rate Chosen, Even Though State Rate Necessarily Used for State Claims & Plaintiff Actually Earned 11% During Period

Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R):  REPORT AND RECOMMENDATION SARAH NETB ...
Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R):  REPORT AND RECOMMENDATION SARAH NETBURN, [*2]  United States Magistrate Judge. TO THE HONORABLE RONNIE ABRAMS: In 2009, Plaintiff Montefiore …
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Rule 41(b) Dismissal Requires Non-Compliance with Court Order “Longer Than Just a Few Months” & “Characterized by Significant Periods of Inactivity” — Merely “Careless, Inconsiderate … Exasperating” Conduct Insufficient

Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan ...
Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan"), appeal the district court's dismissal with prejudice of their lawsuit under Federal …
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Court Lacks Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Prej’l Gov’t Misconduct — Exercise of IHP Must Be Proportionate & Not Contrary to Rule or Stat.—Can’t Create Rule in Conflict with Fed. Rules

United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright ...
United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright with prejudice after two juries failed to reach a verdict. …
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Getting Dismissal with Prej. by Settling ≠ “Prevailing Party” — Citing Cases w/o Settlement = “Willful Obtuseness” & Objective Bad Faith under 1927 — Sua Sponte Despite 11(c)(5)(B) Limits on Post-Jmt. $ Sua Sponte (Dicta; Waived)

Bell v. Vacuforce, LLC, 2018 U.S. App. LEXIS 32196 (7th Cir. Nov. 14, 2018): Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his ...
Bell v. Vacuforce, LLC, 2018 U.S. App. LEXIS 32196 (7th Cir. Nov. 14, 2018): Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a …
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Witness’s Denial (& Usually Admission & Maybe Inability to Recall) S/he Sent Texts Opens Door under R. 613(b) to Evidence of Texts Showing Bias under R. 608(b) — Questions Eliciting Admissible Answers ≠ Hearsay

United States v. Fernandez, 2019 U.S. App. LEXIS 3463 (7th Cir. Feb. 4, 2019): A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § ...
United States v. Fernandez, 2019 U.S. App. LEXIS 3463 (7th Cir. Feb. 4, 2019): A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1). Fernandez appeals his conviction, contending that…
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Video Spoliation — Negligent Loss / Destruction Insufficient, Willfulness Required (4th Cir. Common Law) — Defendant’s Mistaken Belief Video Preserved Precludes Willfulness, Sanctions — Same Result under Rule 37(e) (Adopted During Case)

Boone v. Everett, 2019 U.S. App. LEXIS 3818, 2019 WL 493681 (4th Cir. Feb. 7, 2019) (unpublished): Wally Boone, a Virginia inmate, appeals the denial of his motion for sanctions on the basis of spoliation against former Virginia correctional officer C.D. Everett. Boone alleged that Everett was responsible for the destruction o ...
Boone v. Everett, 2019 U.S. App. LEXIS 3818, 2019 WL 493681 (4th Cir. Feb. 7, 2019) (unpublished): Wally Boone, a Virginia inmate, appeals the denial of his motion for sanctions on the basis of spoliation against former Virginia correctional officer …
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Recent Posts

(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

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Archives
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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