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By Ted Folkman

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  • Case of the day: In re Palladian Partners

    The case of the day is In re Palladian Partners (S.D.N.Y. 2025). After Argentina’s 2001 sovereign debt crisis, the country issued new securities that provided for contingent payments based on the Argentine economy’s performance. Argentina did not make payments for 2013, arguing that the contractual conditions on its payment obligations hadn’t occurred. Palladian Partners and……

    October 14, 2025
  • October 7, 2025

    Today is the second anniversary of October 7. I want to share some personal reflections about that day and the past two years. October 7 was, for me, a lightning bolt. If you’ve been struck by lightning you aren’t the same person the day after as you were the day before. The October 8 Ted……

    October 7, 2025
  • Case of the Day: Watch Tower Bible & Tract Society v. Russian Federation

    The case of the day is Watch Tower Bible & Tract Society of Pa. v. Russian Federation (D.D.C. 2025). In 2017, the Russian government seized the headquarters of the Jehovah’s Witnesses in St. Petersburg. The property is now used as a state-owned medical research facility. The Watch Tower Bible & Tract Society, a Jehovah’s Witnesses……

    September 28, 2025
  • DOJ issues guidance on US lawyers as “forwarding authorities” under the Service Convention

    It’s very common, and 100% correct, for US lawyers to transmit requests for service under the Hague Service Convention to foreign central authorities. But despite years of guidance from the HCCH on this topic, in the Practical Handbook and, if I recall, in the Conclusions & Recommendations of the Special Commission, central authorities often don’t……

    September 19, 2025
  • New guidance on procedure under the Uniform Arbitration Act

    Both the FAA (9 U.S.C. § 6) and the Uniform Arbitration Act (RUAA § 5) say that an application to a court under the statute must be made by motion. In some courts, this creates a problem, because the clerk doesn’t know what to do with a motion that is not filed in a civil……

    September 10, 2025
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