Author: Ted Folkman

  • Lago Agrio: Donziger Responds to Contempt Motion

    Steven Donziger, the LAPs’ lead American lawyer, has now responded to Chevron’s motion for an order finding him in contempt of court. The response covers two basic topics: the shares in Amazonia, a Gibraltar company set up to disburse proceeds of the Ecuadoran judgment; and Donziger’s attempt to sell an interest in the Ecuadoran judgment……

  • Case of the Day: Masillionis v. Silver Wheaton Corp.

    The case of the day is Masillionis v. Silver Wheaton Corp. (C.D. Cal. 2018). The case was for securities fraud. Silver Wheaton was a Canadian corporation whose shares traded on the NYSE. Masillionis claimed that Silver Wheaton had failed to disclose to investors a risk that Canada’s tax authority could reassess its tax liability for……

  • Case of the Day: EFG Bank v. AXA Equitable Life

    The case of the day is EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Co. (S.D.N.Y. 2018). The judge had previously denied a motion by EFG, a Swiss bank, for a protective order that would have required AXA to seek discovery of information located in Switzerland via the Hague Evidence Convention. EFG sought……

  • Monkey Selfie Case: The Ninth Circuit Hammers PETA

    Monkey Selfie Case: The Ninth Circuit Hammers PETA

    I know I am supposed to be writing about Jesner v. Arab Bank, but the monkey selfie case calls. I wrote about the case back in November 2015, and I noted the settlement in September 2017, focusing particularly on the severe costs borne by David Slater, the wildlife photographer who placed the camera that took……

  • Lago Agrio: More on the New Default Judgment

    Lago Agrio: More on the New Default Judgment

    I didn’t set out to have so much Lago Agrio coverage this week, but there is something new to report. As I reported on April 11, long after Judge Kaplan entered his final judgment against Donziger and the two LAP representatives and long after the Second Circuit decided the appeal, Chevron asked the court to……