Author: Ted Folkman

  • Service of Process Since 2016: What’s New?

    The fourth edition of the Practical Handbook on the Operation of the Service Convention was published in 2016. With a meeting of the Special Commission likely to take place next year, it’s a good time to step back and ask: what have been the major American developments in the law of service since then? I……

  • Elephant Habeas: California Appeals Court Denies NhRP’s Petition

    I’ve gotten behind in my coverage of the elephant habeas petitions brought by Steven Wise and his Nonhuman Rights Project. My last update involved an unusual attempt by the NhRP to file a habeas corpus petition directly in an appellate court. Now, I don’t know anything about California habeas corpus law, but I do know……

  • Case of the Day: Payward v. Chechetkin

    The case of the day is Payward, Inc. v. Chechetkin, [2023] EWHC 1780 (Comm). Friend of Letters Blogatory Alexander Shirtcliff of Blake Morgan instructed counsel for Chechetkin, a British national living in England. Chechetkin signed up for an account with the Kraken online cryptocurrency exchange. His contract—a clickwrap contract— was with Payward Ltd. The contract……

  • Case of the Day: United States v. SLH2021 S.A.

    Case of the Day: United States v. SLH2021 S.A.

    The case of the day is United States v. SLH2021 S.A. (E.D. La. 2023). The PS Dream was a Panamanian-flagged tanker that was held by the US Coast Guard pending an investigation for violations of the Act to Prevent Pollution from Ships, the statute implementing the International Convention for the Prevention of Pollution from Ships.……

  • Case of the Day: American Graphics Institute v. Noble Desktop NYC

    The case of the day is American Graphics Institute, LLC v. Noble Desktop NYC, LLC (D. Mass. 2023). Noble was a consultant to AGI. The claim was that Noble had taken advantage of its position to learn about AGI’s “internal sales, marketing, promotional tactics, technical processes, and strategies,” to gain “access to AGI’s copyrighted works……