All posts by Ted Folkman

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012 and 2014.

Case of the Day: Alberta Securities Commission v. Ryckman

The case of the day is Alberta Securities Commission v. Ryckman (Del. Super. Ct. 2015). In 1996, the Alberta Securities Commission, following a hearing, found that Lawrence G. Ryckman, the chairman and director of Westgroup, had violated Alberta securities laws by participating in a “complex scheme that created a false and misleading appearance of trading designed to deceive investors to trade at artificial prices.” The administrative decision imposed nearly $500,000 in costs. The Commission obtained a judgment in Canada against Ryckman on the basis of the administrative decision.

Ryckman moved from Canada to Arizona in 1997. The Commission obtained an Arizona judgment against Ryckman in an action in an Arizona Superior Court, which was affirmed on appeal. It then sought to enforce the Arizona judgment in Delaware under the Uniform Enforcement of Foreign Judgments Act, the law in force in most states under which states grant full faith and credit to sister-state judgments. It was undisputed that the Commission would not have been able to obtain recognition of the Alberta judgment directly in Delaware, for two reasons. First, the statute of limitations under Delaware law had expired; and second, Delaware law (the UFCMJRA) does not provide for recognition and enforcement of foreign money judgments to the extent the judgment is for a fine or other penalty.
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Case of the Day: Larson v. Yoon

The case of the day is Larson v. Yoon (Wash. Ct. App. 2015). Keith and Cynthia Larson sued Kyungsik Yoon after an auto collision in King County, Washington. The Larsons lived there; Yoon was a resident of South Korea. The Larsons sued and sought to serve Yoon with process by service on the Washington secretary of state, as provided by Washington statutes. The secretary of state then mailed the documents to Yoon, again as provided by statute. Yoon sought summary judgment on the grounds that he had not been properly been served. The court denied the motion, and Yoon took an interlocutory appeal.
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Lago Agrio: Update on the Brazilian Enforcement Proceeding

I reported way back in 2012 that the Lago Agrio plaintiffs had sought recognition and enforcement of the Lago Agrio judgment in Brazil. There has been a development—maybe a minor one, though a Brazilian lawyer would know better than I.
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