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: Autodesk v. ZWCAD

The case of the day is Autodesk, Inc. v. ZWCAD Software Co. (N.D. Cal. 2015). The claim was for copyright infringement and trade secret misappropriation; Autodesk claimed that ZWCAD, a Chinese firm, had committed a “wholesale theft of its proprietary source code.” There was a protective order in the case, but ZWCAD claimed that it would risk legal consequences in China if it produced confidential material in discovery, so it asked the court to require that such materials be requested and produced via the Hague Evidence Convention, or at least to amend the protective order to require the inspection of source code to take place in China.
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Event Announcement: Georges v. United Nations

The Boston Bar Association, the oldest and dare I say best bar association in the country, is hosting an event on May 7 titled: “Pioneering a Networked Approach to International Justice from Boston: A Discussion of Georges v. United Nations.” The Georges case seeks to hold the United Nations and some of its officials liable for the cholera epidemic in Haiti, thought to have been started by UN troops, who inadvertently brought the disease to Haiti with them. I’ve covered it a few times, most recently in my post on the District Court’s order on a motion to dismiss. The case is now on appeal to the Second Circuit.

Unfortunately, I begin an arbitration on May 6 and won’t be able to attend, but if you’re in Boston on the 7th, I encourage you to check it out!

The Government’s Amicus Brief In POSCO

I noted the Federal Circuit’s curiosity about § 1782 in In re POSCO, a mandamus case in which the court, sua sponte, asked the parties and then the government to brief the question whether § 1782 is the exclusive means to obtain evidence for use in a foreign proceeding.
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