Author: Ted Folkman

  • Strategy of the Day: Variations in State Arbitration Law

    The Federal Arbitration Act preempts state arbitration law, but not entirely. State law that is inconsistent on the FAA’s rules about when an agreement to arbitrate is enforceable or about when awards must be enforced are preempted. But state law that relates to some procedural matters in arbitration is not preempted even when the FAA……

  • hCaptcha On Letters Blogatory

    Readers, this is just a heads-up that you will now see hCaptchas on Letters Blogatory’s subscription and contact pages. Over the weekend, I was going through the messages left on the contact pages in the last month. There were hundreds, and they were predominantly spam. I don’t have time for that. While I already have……

  • Case of the Day: Nexon Korea v. Ironmace

    The case of the day is Nexon Korea Corp. v. Ironmace Co. Ltd. (W.D. Wash. 2023). Nexon sued Ironmace, a Korean company, alleging that it misappropriated trade secrets and infringed its copyright by developing a video game called “Dark and Darker.” Nexon also sued two of Ironmace’s employees, Ju-Hyun Choi and Terence Seungha Park. Nexon……

  • Case of the Day: Safavieh International v. Chengdu Junsen Fengrui Tech. Co.

    The case of the day is Safavieh International, LLC v. Chengdu Junsen Fengrui Technology Co. (SDNY 2023). Safavieh was a New York rug design company. It alleged that Chengdu Junsen Fengrui, a Chinese rug company, was selling rugs on Amazon that infringed its design copyrights. Safavieh began by serving Amazon with a “takedown notice” under……

  • “Tag Service” and Section 1782

    Bill Dodge has a really interesting post about a decision from the bench in an SDNY Section 1782 case, In re Fourworld Event Opportunities Fund. Decision like this are from the darkest corner of the legal dark web. They are not published. They are not available on Lexis or Westlaw, even as unpublished decisions. They……