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: Failure to Stop 3rd Party Doc Destruction = Bad Faith Spoliation — § 285 Exceptional Case Award Limited to Fees Caused by Misconduct — Improper to Pay Fact Witnesses Contingently, unless Patent Assignment / License Involved

Rembrandt Techs., LP v. Comcast of Fla./Pa., LP (In re Rembrandt Techs. LP Patent Litig.), 2018 U.S. App. LEXIS 22689 (Fed. Cir. Aug. 15, 2018): This appeal derives from a multitude of patent infringeme ...
Rembrandt Techs., LP v. Comcast of Fla./Pa., LP (In re Rembrandt Techs. LP Patent Litig.), 2018 U.S. App. LEXIS 22689 (Fed. Cir. Aug. 15, 2018): This appeal derives from a multitude of patent infringement actions that plaintiffs-appellants Rembrandt Technologies,…
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Email Admissibility on Summary Judgment — State of Mind, Authenticatable by Corroborating Testimony at Trial

Beach v. Hsbc Bank United States, 2018 U.S. Dist. LEXIS 141887 (S.D.N.Y. Aug. 21, 2018): HSBC Bank USA, N.A. ("HSBC") moves for summary judgment dismissing Stephen Bea ...
Beach v. Hsbc Bank United States, 2018 U.S. Dist. LEXIS 141887 (S.D.N.Y. Aug. 21, 2018): HSBC Bank USA, N.A. ("HSBC") moves for summary judgment dismissing Stephen Beach's action for breach of contract and declaratory judgment. For the following reasons,…
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28 U.S.C. § 1782’s “Resides Or Is Found” Requirement Is Satisfied Only If the Relationship of the Person to the District Would Warrant Exercise of Personal Jurisdiction over Him or Her

In re Ruiz, 2018 U.S. Dist. LEXIS 180262 (S.D.N.Y. Oct. 19, 2018): Petitioners in the above-captioned [*4]  actions have applied for court orders to conduct discover ...
In re Ruiz, 2018 U.S. Dist. LEXIS 180262 (S.D.N.Y. Oct. 19, 2018): Petitioners in the above-captioned [*4]  actions have applied for court orders to conduct discovery for use in foreign proceedings, pursuant to Title 28, United States Code, Section …
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Rule 41(b) Dismissal without Prejudice Warranted for Refusal to Arbitrate as Ordered by Court — Circuit Has Jurisdiction Despite Microsoft — No Review of Interlocutory Orders After Dismissal for Failure to Prosecute

Griggs v. S.G.E. Mgmt., LLC, 2018 WL 4625167 (5th Cir. Sept. 27, 2018): 1 When Plaintiff-Appellant Jernard Griggs began working as an Independent Associate (“IA”) for Ignite, he agreed to Ignite’s Policies & Procedures, which includes an arbitration clause covering all claims between (1) any two or more IAs and ...
Griggs v. S.G.E. Mgmt., LLC, 2018 WL 4625167 (5th Cir. Sept. 27, 2018): 1 When Plaintiff-Appellant Jernard Griggs began working as an Independent Associate (“IA”) for Ignite, he agreed to Ignite’s Policies & Procedures, which includes an arbitration clause covering…
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Spoliation Sanctions: 11th Circuit Factors — Failure to Provide Adequate Record Reflecting Trial Court’s Consideration of Issue Precludes Appellate Review, Results in Affirmance

Tien v. Red Coats, Inc., 2018 U.S. App. LEXIS 29131 (11th Cir. Oct. 17, 2018): PER CURIAM: Henry Tien, proceeding pro se, appeals a jury verdict in favor of the defendant ...
Tien v. Red Coats, Inc., 2018 U.S. App. LEXIS 29131 (11th Cir. Oct. 17, 2018): PER CURIAM: Henry Tien, proceeding pro se, appeals a jury verdict in favor of the defendant, Red Coats, Inc., d.b.a. Admiralty Security Services ("RCI"). …
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Even When Intentional Spoliation Occurs, Court Has Discretion Not to Issue Adverse Inference Instruction Or Other Severe Sanction — Ultimately, Significance of Spoliation Evidence Is for the Jury to Weigh

Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitu ...
Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant-Appellee, Brian Welch, …
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When District Court May Sanction for Frivolous Appeal — Class Actions: Sanctions for Objector Blackmail — Failure to Accept Stip As Proof of Bad Faith — Misrep + Frivolousness = Bad Faith—FRAP 7 (Appeal Bond) Requires Dist Ct to Prejudge Appeal

In re Petrobras Secs. Litig., 2018 U.S. Dist. LEXIS 161898 (S.D.N.Y. Sept. 21, 2018): Those who file objections to class action settlements may themselves be pursuing widely var ...
In re Petrobras Secs. Litig., 2018 U.S. Dist. LEXIS 161898 (S.D.N.Y. Sept. 21, 2018): Those who file objections to class action settlements may themselves be pursuing widely varying objectives, ranging from the useful to the self-serving. On the positive…
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Privilege: Intentional Waiver by Predecessor Corp. (1 of 2 Merging Cos.) Extends to Post-Merger Communications on Same Subject Matter by Successor — 502(b) Fairness Is Touchstone — Mandamus Apt for Issue of First Impression

In re OptumInsight, Inc., 2017 U.S. App. LEXIS 13483, 2017 WL 3096300 (Fed. Cir. July 20, 2017): This petition arises out of an order of the United States District Court for the Northern District of Cal ...
In re OptumInsight, Inc., 2017 U.S. App. LEXIS 13483, 2017 WL 3096300 (Fed. Cir. July 20, 2017): This petition arises out of an order of the United States District Court for the Northern District of California compelling OptumInsight, Inc.…
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Rule 37 Does Not Excuse Party from Appearing for Properly-Noticed 30(b)(6) Deposition Simply by Objecting, But Does Not Require Sanctions, Either — Choice of Sanction Should Be Guided by Concept of Proportionality (Good Quote)

Ranowsky v. Nat’l R.R. Passenger Corp., 2018 WL 3894287 (D.C. Cir. Aug. 14, 2018) (unpublished): *1 In the midst of an extensive restructuring at the Office of the Inspector General for Amtrak, Kathleen Ranowsky was fired from her job as Deputy Counsel. The new Inspector General, Tom Howard, ramped up the restructur ...
Ranowsky v. Nat’l R.R. Passenger Corp., 2018 WL 3894287 (D.C. Cir. Aug. 14, 2018) (unpublished): *1 In the midst of an extensive restructuring at the Office of the Inspector General for Amtrak, Kathleen Ranowsky was fired from her job as…
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Social Media Posts Showing Confusion Admissible on Trademark PI Motion: (1) Show Declarants’ State of Mind, (2) Have Independent Evidentiary Significance Tending to Show Confusion — Alternatively, Usable on PI Even If Hearsay

Canes Bar & Grill of S. Fla. v. Bay, 2018 U.S. Dist. LEXIS 168669 (S.D. Fla. Sept. 29, 2018): ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATION
Canes Bar & Grill of S. Fla. v. Bay, 2018 U.S. Dist. LEXIS 168669 (S.D. Fla. Sept. 29, 2018): ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATION THIS CAUSE came before the Court on Plaintiff's Motion…
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

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

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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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