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

Forum Selection Clauses: In Diversity Case, Federal Law Determines Enforceability, But Forum State’s Choice of Law Rules Determine Which State’s Substantive Law Governs Interpretation

Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue ...
Blue Racer Midstream, LLC v. Kelchner, Inc., 2018 U.S. Dist. LEXIS 27911, 2018 WL 993781 (N.D. Tex. Feb. 21, 2018): Before the Court is Defendant Kelchner, Inc.'s Motion to Transfer Venue (Doc. No. 27). After carefully considering the motion,…
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Privilege/Work Product — Public Relations Firm: Absent Privilege Log or In Camera Review, Ruling Unappealable — Waiver by Failure to Log — Party Still Bears Burden of Proving Privilege Even If Documents Held by Third Party

Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned ...
Tex. Brine Co., LLC v. Occidental Chem. Corp., 2018 U.S. App. LEXIS 1286 (5th Cir. Jan. 19, 2018): I. Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in…
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RICO: Rimless Hub & Spoke Enterprise Not Enough, Rimmed OK — If Defendants Band Together to Commit Violations They Can’t Achieve Alone, Associated-in-Fact Enter. Stated — Rule 16(b) vs. 15(a) for Complaint Amendment

Sheet Metal Workers Local No. 20 Welfare & Benefit Fund v. CVS Pharmacy, Inc., 2018 WL 1631300 (D. R.I. Mar. 31, 2018): Presently before the Court is Plaintiffs’ Motion for Leave to File First Amended Complaint (ECF No. 56), in which they ask permission to update their story about alleged fraud spearheaded by Defendant CVS Pharmacy, ...
Sheet Metal Workers Local No. 20 Welfare & Benefit Fund v. CVS Pharmacy, Inc., 2018 WL 1631300 (D. R.I. Mar. 31, 2018): Presently before the Court is Plaintiffs’ Motion for Leave to File First Amended Complaint (ECF No. 56), in…
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Judicial Notice of Internet Evidence — Google Maps: Distances May Be Judicially Noticed, But Are Estimated Travel Times Hearsay?

Guzman v. Mel S. Harris & Assocs., 2018 U.S. Dist. LEXIS 49622 (S.D.N.Y. Mar. 22, 2018): 9 Plaintiff cites Google Maps webpages that show the distances bet ...
Guzman v. Mel S. Harris & Assocs., 2018 U.S. Dist. LEXIS 49622 (S.D.N.Y. Mar. 22, 2018): 9 Plaintiff cites Google Maps webpages that show the distances between locations listed, of which courts may take judicial notice. See In re …
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Text Authentication: Two Recipients Had Programmed Sender’s Name/No. into Their Cells & Shared with Each Other Identical Texts He Sent, One Then Conversed by Text with Him — Party’s Texts=Admissions — 403 If Improper Basis for Verdict Suggested

State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND1
State v. Lopez, 2018 Ariz. App. Unpub. LEXIS 445 (Ariz. Ct. App. Mar. 22, 2018): P1 Macario Lopez appeals his convictions and sentences for first-degree murder and burglary in the first degree. For the following reasons, we affirm. BACKGROUND…
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RICO Extraterritoriality — While Injury Involving Tangible Property Is Suffered at Location of Property (2d Cir.), Injury Involving Intangible Property Is Suffered at Residence of Plaintiff (7th Cir.)

Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts ...
Armada Sing. PTE v. Amcol Int'l Corp., 2018 U.S. App. LEXIS 7537 (7th Cir. Mar. 26, 2018): The plaintiff in this case is a Singaporean shipping company. It entered into shipping contracts with an Indian mining company, but the…
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FRAP 38 Sanctions Inappropriate If Appeal Presents a Substantial Issue of First Impression in the Court of Appeals

  D'Amico Dry, Ltd. v. Primera Maritime (Hellas), Ltd., 2018 U.S. App. LEXIS 7902, 2018 WL 1526356 (2d Cir. Mar. 29, 2018): Plaintiff-Appellant d'Amico Dry Limited ("d'Amico") is a shipping company and Defendant-Appellee Primera Maritime (Hellas) Limited ("Primera") is a ship management ...
D'Amico Dry, Ltd. v. Primera Maritime (Hellas), Ltd., 2018 U.S. App. LEXIS 7902, 2018 WL 1526356 (2d Cir. Mar. 29, 2018): Plaintiff-Appellant d'Amico Dry Limited ("d'Amico") is a shipping company and Defendant-Appellee Primera Maritime (Hellas) Limited ("Primera") is a ship …
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Sufficient Text Authentication: Texts Sent to/from Defendant’s Number; They Appeared with Defendant’s Assigned Name on Recipient’s Phone; No One Else Allowed to Use Phone; Plus Contents/Context

Duvall v. State, 2018 Ark. App. 155 (2018): A Pulaski County jury convicted Michael Duvall, Jr., on two counts of rape, both against his daughter K.D. He was sentenced to a total of sixty years' imprisonment; the terms to run consecutively. He argues that the circuit court erred in admitting the testimony of three witnesses under ...
Duvall v. State, 2018 Ark. App. 155 (2018): A Pulaski County jury convicted Michael Duvall, Jr., on two counts of rape, both against his daughter K.D. He was sentenced to a total of sixty years' imprisonment; the terms to run…
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Sanctions: If Court Has Jurisdiction over Subject Matter & Person, Its Orders Must Be Complied with until Reversed Even If Issued without Authority (2 Cases) — Fees on Fees under § 1927 — Inherent Power OK Even If Rules Apt

Case No. 1 — Sanctions Against Counsel Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n, 2018 WL 1559980 (10th Cir. Mar. 30, 2018) (amended opinion):
Case No. 1 — Sanctions Against Counsel Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n, 2018 WL 1559980 (10th Cir. Mar. 30, 2018) (amended opinion): BACHARACH, Circuit Judge. *1 These matters are before us, sua sponte, to withdraw and…
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Texts Authenticated by Recipient, by Downloader Who Compared Line-by-Line Messages on Phone with Those on Computer, by Phone No., by Actions Consistent with Texts — No Need to Authenticate Computer Program: Texts Not Computer-Generated Evidence

People v. Ziemba, 2018 IL App (2d) 170048, 2018 Ill. App. LEXIS 157 (Ill. Ct. App. Mar. 23, 2018):  [*P1]  Following a bench trial, defendant, Eric F. Ziemba, was found guilty of involuntary sexual servitude of a minor (
People v. Ziemba, 2018 IL App (2d) 170048, 2018 Ill. App. LEXIS 157 (Ill. Ct. App. Mar. 23, 2018):  [*P1]  Following a bench trial, defendant, Eric F. Ziemba, was found guilty of involuntary sexual servitude of a minor (720 …
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Recent Posts

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

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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