Author: Ted Folkman

  • Case of the Day: United States v. One Gulfstream G-V Jet

    The case of the day is United States v. One Gulfstream G-V Jet Aircraft Displaying Tail Number VPCES, Its Tools and Appurtenances (D.D.C. 2014). As the name of the case suggests, the United States brought a civil action in rem seeking forfeiture of a jet aircraft. The government alleged that the aircraft had been purchased……

  • Case of the Day: Republic of Argentina v. NML Capital

    Yesterday the Supreme Court handed down its decision in Republic of Argentina v. NML Capital. Just to avoid confusion, this is not the case about whether Judge Griesa got it wrong when he issued an injunction forbidding Argentina to favor holders of new debt over the holdout owners of defaulted debt. The Court denied Argentina’s……

  • New Paper on § 1782

    I’ve posted a new paper I wrote with my partner David Evans on Section 1782 on SSRN. The paper, aimed at arbitration practitioners, is titled The US Judicial Assistance Statute: A Powerful Tool in International Arbitration? It covers the nuts and bolts of the statute as well as recent views on whether the statute can……

  • Case of the Day: Hilton v. Kerry

    The case of the day is Hilton v. Kerry (1st Cir. 2014). This is the extradition case I’ve been following. Here are a couple of my prior posts: Initial post Habeas corpus denied

  • Case of the Day: In re Activision Shareholder Litigation

    The case of the day is In re Activision Blizzard, Inc. Stockholder Litigation (Del. Ch. 2014). The case was a classic shareholder derivative action. After a complicated restructuring transaction between Activision and Vivendi, shareholders of Activision sued, claiming that Activision’s directors and Vivendi itself breached fiduciary duties to Activision by setting a price for the……