Author: Ted Folkman

  • Lago Agrio: Guerra Unravels?

    The transcripts of the Track 2 hearings in the Lago Agrio BIT arbitration have now been made public. In this post I want to focus on the proceedings of April 23 and 24, namely, the cross-examination of Alberto Guerra Bastidas. Guerra, recall, was one of Chevron’s key witnesses—maybe the key witness if you had to……

  • Lago Agrio Update: The Tribunal’s Site Visit and Motions for Summary Judgment

    I do not have an update for you on the BIT Tribunal’s visits to several sites in the Oriente, which I briefly covered on October 19. The reason I don’t have an update is the same reason, more or less, I copped out on the Louis Berger Group report. On the one hand, it seems……

  • Event Reminder: “Service of Process and Taking of Evidence Abroad”

    Readers, don’t forget to RSVP for Service of Process and Taking of Evidence Abroad, to be held November 2 at Georgetown Law School in Washington DC. You can find all the details at this post, but the most important link is the preregistration page. I hope to see you there!

  • Case of the Day: Savage v. Zelent

    The case of the day is Savage v. Zelent (N.C. Ct. App. 2015). Alan Savage and Julie Anne Zelent lived together as a couple in Scotland. They eventually separated, and Zelent moved to North Carolina. She sued Savage in the Inverness Sheriff’s Court under the Family Law (Scotland) Act 2006, claiming that she was entitled……

  • The New FRCP 26(b)(1)

    European readers, who love to hate US pretrial discovery—this one is for you. Absent action by Congress, on December 1, 2015, an amendment to FRCP 26 adopted by the Supreme Court will go into effect. The main change concerns the scope of permissible pretrial discovery. Under the old rule: Parties may obtain discovery regarding any……