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

While Court Has Jurisdiction under §1782 over Counsel in District Holding Docs/Discovery of Foreign Client, It Is Abuse of Discretion to Order Production — Would Undermine Client/Counsel Confidentiality — Importance of Protective Orders

Kiobel v. Cravath, 2018 U.S. App. LEXIS 18755 (2d Cir. July 10 2018): Petitioner-Appellee Esther Kiobel filed a petition in the United States District Court for the Southern District of New Yo ...
Kiobel v. Cravath, 2018 U.S. App. LEXIS 18755 (2d Cir. July 10 2018): Petitioner-Appellee Esther Kiobel filed a petition in the United States District Court for the Southern District of New York to subpoena documents under 28 U.S.C. § …
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RICO Standing: Only the Bankruptcy Estate Has Post-Petition Standing to Assert RICO Claims That Accrued Prior to Plaintiff’s Filing Bankruptcy Proceedings

In re Beckford, 2018 WL 3323347 (2d Cir. July 6, 2018): SUMMARY ORDER Appellant Alman Beckford, pro se, filed for bankruptcy in 2013. After Appellee Bayview Loan Services, LLC (“Bayview”) moved to lift the automatic stay to continue foreclosure proceedings, Beckford began an adversarial proceeding i ...
In re Beckford, 2018 WL 3323347 (2d Cir. July 6, 2018): SUMMARY ORDER Appellant Alman Beckford, pro se, filed for bankruptcy in 2013. After Appellee Bayview Loan Services, LLC (“Bayview”) moved to lift the automatic stay to continue foreclosure proceedings,…
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Civil Contempt against Non-Party Immediately Appealable — “More Rigorous” Abuse of Discretion Review — Civil Contempt Factors — Compensatory Sanctions Vesting Securities in Injured Party Civil Where Offender Could Moot Them by Paying Jmt

Weston Capital Advisors, Inc. v. PT Bank Mutiara, TBK, 2018 WL 3098820 (2d Cir. June 25, 2018) (non-precedential): SUMMARY ORDER *1 Petitioner-Appellant Weston Capital Advisors, Inc., along with ten affiliated corporate Appellants (“the Weston entities”) and its principal, Appellant John Li ...
Weston Capital Advisors, Inc. v. PT Bank Mutiara, TBK, 2018 WL 3098820 (2d Cir. June 25, 2018) (non-precedential): SUMMARY ORDER *1 Petitioner-Appellant Weston Capital Advisors, Inc., along with ten affiliated corporate Appellants (“the Weston entities”) and its principal, Appellant John…
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Summary Judgment Evidence: Party Facing Objection on Admissibility Need Only Explain Admissible Form Anticipated at Trial — SJ Opponent Must Present More Than Scintilla of Evidence to Establish Genuine Issue of Material Fact

Gonzalez v. Hospitality, 2018 U.S. Dist. LEXIS 112707 (M.D. Tenn. July 6, 2018): MEMORANDUM AND ORDER Aimbridge Hospitality, LLC d/b/a Embassy Suites has filed a ...
Gonzalez v. Hospitality, 2018 U.S. Dist. LEXIS 112707 (M.D. Tenn. July 6, 2018): MEMORANDUM AND ORDER Aimbridge Hospitality, LLC d/b/a Embassy Suites has filed a Motion for Summary Judgment (Docket No. 12), to which Sandy Brito Gonzalez has filed…
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Rule 37(b)(2)(A) Sanctions Must Be (1) Just & (2) Specifically Related to Claim at Issue in Discovery — Court Can’t Create New Federal Law of Veil-Piercing But Can Preclude Claims/Draw Adverse Inference to Get There — If Rules Enough, No IHP

Clientron Corp. v. Devon IT, Inc., 2018 WL 3293212 (3d Cir. July 5, 2018):   *1 In this unusual case, Appellant Clientron Corp. is actually the prevailing party below and holds a judgment against Appellee Devon IT, Inc. worth over $7 million. Clientron claims, however, that it is unable to recover because Devon IT is ...
Clientron Corp. v. Devon IT, Inc., 2018 WL 3293212 (3d Cir. July 5, 2018):   *1 In this unusual case, Appellant Clientron Corp. is actually the prevailing party below and holds a judgment against Appellee Devon IT, Inc. worth over $7…
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Sanctions: §285 Exceptional Case Fees Awarded from Date of Rule 11 Safe Harbor Letter / Motion, Expert Costs Awarded under Inherent Power against Pro Se for Refusing to Hire Needed Counsel, Acting in Bad Faith

Xiaohua Huang v. Huawei Techs. Co., 2018 U.S. App. LEXIS 15571 (Fed. Cir. June 8, 2018): Per Curiam. Appellant Xiaohua Huang, proceeding pro se, appeals several rulings from th ...
Xiaohua Huang v. Huawei Techs. Co., 2018 U.S. App. LEXIS 15571 (Fed. Cir. June 8, 2018): Per Curiam. Appellant Xiaohua Huang, proceeding pro se, appeals several rulings from the United States District Court for the Eastern District of Texas,…
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Appeals: Issue Abandoned by Not Including It in Statement of Issues in Brief & by Presenting No Developed Argument in Support

Hubbard v. Select Portfolio Servicing, 2018 U.S. App. LEXIS 15331, 2018 WL 2753646 (6th Cir. June 7, 2018): After defaulting on his mortgage and seeing his request for a loan modification deni ...
Hubbard v. Select Portfolio Servicing, 2018 U.S. App. LEXIS 15331, 2018 WL 2753646 (6th Cir. June 7, 2018): After defaulting on his mortgage and seeing his request for a loan modification denied, Sherman Hubbard sued his mortgagee, past mortgage…
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Sanctions: Does § 1927 Apply to Pro Se As One Admitted to Conduct Cases? (Inexplicable Circuit Split) — No R .11 for Mere Misapplication of Facts, Law: Even If an Argument is … Unpersuasive, That Doesn’t Mean It’s Frivolous-Good Quote

Ctr. for Individual Rights v. Chevaldina, 2018 U.S. Dist. LEXIS 89847 (S.D. Fla. May 30, 2018): This matter is before the Court on several discovery motions that are ripe for disposition. [D.E. 142, 152, 154, ...
Ctr. for Individual Rights v. Chevaldina, 2018 U.S. Dist. LEXIS 89847 (S.D. Fla. May 30, 2018): This matter is before the Court on several discovery motions that are ripe for disposition. [D.E. 142, 152, 154, 155, 159, 164, 166,…
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Sanctions: Lack of Subject Matter Jurisdiction Invalidates Civil Contempt Order But Not Sanctions Order

United States v. Akers, 2018 WL 3213718 (10th Cir. July 2, 2018): *1 Montgomery Akers appeals an order imposing filing sanctions and denying his combined motion to reopen habeas proceedings and to recuse the district court judge. We conclude that the motion should have been dismissed for lack of jurisdiction, ...
United States v. Akers, 2018 WL 3213718 (10th Cir. July 2, 2018): *1 Montgomery Akers appeals an order imposing filing sanctions and denying his combined motion to reopen habeas proceedings and to recuse the district court judge. We conclude that …
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RICO Fraud on 100% Owner of Corp. (Parent) Draining (Subsidiary) Corp. Shares of Value and Causing Owner to Sell at Reduced Price Produces Unrecoverable Derivative Damages — Does It Make Sense to Require Asset Sale to Preserve RICO Claim?

Uthe Tech. Corp. v. Aetrium Inc., 2018 WL 3215143 (N.D. Cal. July 2, 2018) (unpublished): MEMORANDUM* *1 This case concerns an appeal of an order granting summary judgment in favor of the Defendants in a civil action brought under the Racketeering Influenced and Corrupt Organiz ...
Uthe Tech. Corp. v. Aetrium Inc., 2018 WL 3215143 (N.D. Cal. July 2, 2018) (unpublished): MEMORANDUM* *1 This case concerns an appeal of an order granting summary judgment in favor of the Defendants in a civil action brought under the…
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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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