Author: Ted Folkman

  • Case to Watch: Jam v. International Finance Corp.

    The Supreme Court heard argument yesterday in Jam v. International Finance Corp. I wrote about the case last year. The issue in the case is simple. Under DC Circuit precedent construing the International Organizations Immunities Act, international organizations have immunity from suit to the same extent that foreign sovereigns had it in 1945, at the……

  • Case of the Day: Hulton v. Bayerische Staatsgemaldesammlungen

    Case of the Day: Hulton v. Bayerische Staatsgemaldesammlungen

    The case of the day is Hulton v. Bayerische Staatsgemaldesammlungen (S.D.N.Y. 2018). Michael and Penny Hulton were the heirs of Alfred Flechtheim, a German Jew who was a prominent art collector before the war. Among other paintings, he had works by Beckmann, Gris, and Klee. When the Nazis came to power, Flechtheim fled to Paris,……

  • Book of the Day: Arbitration of Intellectual Property Disputes in the United States

    I’m happy to announce the publication of Arbitration of Intellectual Property Disputes in the United States, by Thomas D. Halket, David L. Evans, and yours truly. The book is published by Juris, and it’s available at the Juris website in print and PDF editions. It’s a companion volume to Arbitration of International Intellectual Property Disputes,……

  • What To Do Now

    Instead of posting the same thoughts and feelings and political ideas that we all share, I wanted to write something more positive. What can people do in the wake of the tragedy in Pittsburgh this weekend to try to make the world a little better? I would like to offer a few suggestions. First, whether……

  • Case of the Day: In re Application of Ruiz

    The case of the day is In re Application of Ruiz (S.D.N.Y. 2018). In 2017, European and Spanish banking regulators sold Banco Popular Español, a bank they thought failing, to Banco Santander for € 1. Investors in Banco Popular then sued in the EU’s Court of Justice, and some of them also brought investor-state arbitrations……