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

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Weston Capital Advisors, Inc. v. PT Bank Mutiara, TBK, 2018 WL 3098820 (2d Cir. June 25, 2018) (non-precedential): SUMMARY ORDER *1 Petitioner-Appellant Weston Capital Advisors, Inc., along with ten affiliated corporate Appellants (“the Weston entities”) and its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Weston Capital Advisors, Inc. v. PT Bank Mutiara, TBK, 2018 WL 3098820 (2d Cir. June 25, 2018) (non-precedential): SUMMARY ORDER *1 Petitioner-Appellant Weston Capital Advisors, Inc., along with ten affiliated corporate Appellants (“the Weston entities”) and its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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Wayback Machine: Testimony from Internet Archive Office Manager As to How It Captures & Preserves Screenshots, & Comparing Exhibits to Images Known to Be Accurate = Sufficient Authentication (2d, 3d Cirs.)

United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018): Fabio Gasperini was convicted by a jury in the United States District Court for the Eastern District of N ...
United States v. Gasperini, 2018 U.S. App. LEXIS 17999 (2d Cir. July 2, 2018): Fabio Gasperini was convicted by a jury in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) of …
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DOJ-Drafted Agreement Preserves Attorney-Client Privilege for Info Voluntarily Disclosed to Government Per Rule 502(e) — Privilege (Judicial Proceedings) vs. Confidentiality (Extrajudicial Disclosure) — Waiver As to Third Parties?

United States v. Under Seal (In re Grand Jury 16-3817 (16-4)), 2018 U.S. App. LEXIS 17613 (4th Cir. June 27, 2018): Appellant corporation ("X Corp.")
United States v. Under Seal (In re Grand Jury 16-3817 (16-4)), 2018 U.S. App. LEXIS 17613 (4th Cir. June 27, 2018): Appellant corporation ("X Corp.")1 and the Government dispute whether a written agreement between them preserved X Corp.'s …
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Recent Posts

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

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)

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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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