Author: Ted Folkman

  • Case of the Day: SEC v. Lahr

    The case of the day is SEC v. Lahr (3d Cir. 2024). The SEC sought to serve Thomas Megas with process at his home in Switzerland in a civil securities fraud case. It sent a request for service to the Swiss central authority, which confirmed that the SEC had the right address for Megas but……

  • Currency Conversion: Newer Isn’t Always Better

    Friend of Letters Blogatory Bill Dodge had an interesting post at the Transnational Litigation Blog on Estate of Ke v. Yu, a new Fourth Circuit case suggesting that forum non conveniens should never be a defense in an award or judgment recognition case. I agree with that view 100%, because an enforcement case is (or……

  • The 2024 Olympics Begin!

    The Paris Games have begun! Here is my review of the NBC broadcast of the opening ceremonies and the ceremonies themselves. First, bravo to the Paris organizers for trying something new. The athletes floating down the Seine was fun and gave the cameras lots of opportunities to show of Paris from the air and the……

  • Case of the Day: Webuild v. WSP

    The case of the day is Webuild S.p.A. v. WSP USA, Inc. (2d Cir. 2024). It’s a Section 1782 case seeking evidence for use in an ICSID arbitration asserting violations of the Panama-Italy bilateral investment treaty. The question in the case was whether an ICSID arbitral tribunal is a foreign or international tribunal for purposes……

  • The ICJ Makes Peace Harder

    The ICJ’s advisory opinion on Israel and the Palestinian territories is so, so dispiriting. Let me begin with the caution I gave in my very first post after the October 7 massacre and repeated in one form or another in my post explaining the view of scholars who said that Israel did not have the……