Commercial Litigation and Arbitration


The disputes 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.

A few sample representations include:

  • Defending the owners/former officers/directors of a pharmaceutical manufacturer in hundreds of lawsuits seeking hundreds of billions in damages
  • Defending the former CEO and Chairman of an intentional automobile manufacturer in securities and enforcement litigations contesting vehicle emission disclosures
  • Winning defense verdict in $800 million malpractice/fiduciary duty arbitration against major law firm (bankruptcy, fiduciary duty, complex commercial transactions)
  • Obtaining dismissal of alleged $270 malpractice claim against law firm (RICO)
  • Obtaining dismissal of $1.2 billion RICO actions by corporation and investors against former management
  • Obtaining a $268 million judgment in a complex credit default swap/derivatives dispute between major financial institutions
  • Defending a plaintiffs’ class action firm in class action malpractice litigation seeking $1 billion in damages
  • On plaintiffs’ Executive Committee obtaining a $1.2 billion settlement for insurers arising out of 9/11
  • Obtaining reversal of litigation sanctions in multiple appeals
  • Conducting internal investigations on behalf of multinational company into its foreign subsidiaries’ dealings with a governmental oil producer and on behalf of the special litigation committee of major funds into related party matters


JHA represents large corporations, law firms, and private individuals in complex commercial arbitrations under the rules of the International Chamber of Commerce, the American Arbitration Association, JAMS, and others.

  • International arbitration (ICC) between British, Japanese, and American corporations
  • International arbitration (ICC) between American and French/German corporations
  • U.S. arbitrations (AAA) between U.S. performing rights organization and U.S. television industry
  • U.S. arbitrations (AAA) between prominent American corporations

Complex Commercial Litigation

Our attorneys handle complex disputes including corporate acquisitions, credit default swaps, derivatives, contract disputes, and class, mass, and derivative actions. We have experience in both federal and state courts and have represented both U.S. and foreign corporations as well as individuals. Many of our cases have involved successful trial representations and others have ended in successful resolutions before trial.

  • Obtained a $268 million judgment for one major financial institution against another, in a complex credit default swap / derivatives dispute
  • Won a $100 million settlement from a major financial institution for theft of a corporate acquisition from another
  • On Plaintiffs’ Executive Committee for Property Damage / Business Loss Plaintiffs that obtained a $1.2 billion settlement for losses arising out of 9/11
  • Obtained $65 million judgment against a foreign bank for a U.S. corporation in letter of credit transaction
  • Represent U.S. and foreign corporations in U.S. litigation aspects of foreign and domestic takeovers

Professional Litigation

JHA represents major law firms in high-sake legal malpractice, professional liability, and other disputes.

  • Won defense verdict in $800 million malpractice/fiduciary duty arbitration against major law firm
  • Won jury verdict defending major law firm sued for tax advice
  • Vacatur of $2 million sanction imposed on individual lawyer
  • Successful defense of disqualification and sanctions motions in federal district courts and arbitration
  • Successful appeals of adverse sanctions decisions in the Second, Eighth, and Eleventh Circuits


JHA litigates high-stakes RICO (Racketeer Influenced and Corrupt Organizations) cases across the country. We represent both plaintiffs and defendants at the trial and appellate levels in federal and state courts.

  • Dismissal of a $720 million RICO class action by investors against their former counsel
  • Dismissal of $1.2 billion RICO actions by corporation and investors against former management
  • Dismissal of $80 million RICO class action by investors against casino operator
  • Dismissal of multi-billion dollar RICO class action against professional firm arising out of Enron collapse
  • Reversal of sanctions imposed on multiple plaintiffs law firms for pursuit of RICO class action

Securities D&O

Our attorneys represent Boards of Directors, individual officers and directors, and companies in D&O liability claims—including shareholder derivative litigation. These cases involve claims for breach of fiduciary duty and other alleged wrongdoing. We also represent clients in large, complex securities cases before federal and state courts.

  • Defense of corporations and corporate officers in securities class and derivative actions
  • Defense of SEC enforcement actions in federal court
  • Representation of officers and directors in claims by and against corporation
  • Successful prosecution of multimillion dollar claims by a U.S. corporation against auditors and foreign banks
  • Internal corporate investigations

National Law Journal, May 23, 2011:
“Joseph’s New York firm has a definable ‘sweet spot,’ big-dollar complex financial transactions, involving the Racketeer Influenced and Corrupt Organizations Act and securities claims, credit default swaps and derivatives — a veritable chocolate box of the financial cases of the past decade.”