Author: Ted Folkman

  • Case of the Day: BonSens v. Pfizer

    The case of the days BonSens.org v. Pfizer, Inc. (2d Cir. 2024). BonSens is an organization of “concerned scientists, medical doctors, legal experts and citizens.” It brought an action in France seeking to nullify an indemnification clause in an advance purchase agreement Pfizer and BioNTech, manufacturers of COVID vaccines, had made with the European Commission……

  • Seeing the Eclipse

    My wife and I watched the total solar eclipse from a back yard in Kingston, Ontario. The day before the eclipse was perfectly clear, without a cloud in the sky, but the day of the eclipse was pretty cloudy, and we worried that we wouldn’t get to see much. But the atmosphere was festive, and……

  • The Scholars’ Choice

    The opinions of legal scholars are not that important to the day-to-day work of most American lawyers and judges. In 2007, Judge Jacobs told a crowd of law professors, “I haven’t opened up a law review in years. No one speaks of them. No one relies on them.” And in 2011, Chief Justice Roberts said:……

  • Getting a Chinese Apostille

    I received my first Chinese apostille today. It’s purpose is to authenticate a Chinese judgment for use in a US case. The process was a little bit more complicated and time-consuming than I would have wished, but it shows that the Apostille Convention is now in effect between the US and China not just in……

  • Case of the Day: Voltage Pictures v. Gussi

    The case of the day is Voltage Pictures LLC v. Gussi S.A. de C.V. (9th Cir. 2024). Voltage was an LA film production company. Gussi was a Mexican film distributor. The two companies had an agreement for the distribution of Ava in Latin America. Who is Ava, you ask? She is played by Jessica Chastain.……