Author: Ted Folkman

  • “Facts are Created”

    One of Chevron’s gotcha moments in the Crude outtakes is the clip of Steven Donziger speaking with members of his litigation team. “Facts don’t exist,” he said, “facts are created.” I draw a few lessons from this clip. The first, of course, is “Don’t ever travel with a film crew.” The second is a little more serious……

  • Case of the Day: Helmerich & Payne v. Venezuela

    The case of the day is Helmerich & Payne International Drilling Co. v. Bolivarian Republic of Venezuela (D.C. Cir. 2018). I’ve written about the case several times before, most recently in a post on the Supreme Court’s 2017 decision. Guest poster Ira Ryk-Lakhman also wrote a more extensive overview of the Supreme Court’s decision. Here……

  • Case of the Day: Chembulk Houston v. M/V Monte Alegre

    The case of the day is Chembulk Houston Pte. Ltd. v. M/V Monte Alegre (S.D. Tex. 2018). Chembulk had won a judgment against German defendants. The question was whether the $1,425 the plaintiff incurred in serving process via the Hague Service Convention was taxable as costs. Why so much? Well, the plaintiff had hired a……

  • Case of the Day: Ivey v. Lynch

    The case of the day is Ivey v. Lynch (M.D.N.C. 2018). In 2012, a German court appointed Dr. Christian Willmer as the insolvency administrator for the assets of Ingolf Boex, who resided in Germany. The German court enjoined Boex from transferring his property and granted the power to dispose of Boex’s property to Willmer. Willmer……

  • US Court Authorizes Service By Twitter on Wikileaks

    The Democratic National Committee has obtained leave of court to serve process on Wikileaks via Twitter in its lawsuit against Russia, Wikileaks, Julian Assange and others. I have written previously about the FSIA issue in the case and the issues about serving process on Mr. Assange in the Ecuadoran embassy in London. But serving process……