Author: Ted Folkman

  • Case of the Day: Rosales v. FitFlop USA, LLC

    The case of the day is Rosales v. FitFlopUSA, LLC (S.D. Cal. 2013). Rosales, who had bought FitFlop footware, sued the company, alleging that FitFlop had represented “that its products will provide wearers with a variety of health benefits, but in reality FitFlop Footware does not provide the promised benefits and may actually cause or……

  • Lago Agrio: Judge Kaplan Orders Patton Boggs To Produce Documents

    Judge Kaplan has issued a significant decision in the RICO case against Steven Donziger and the Lago Agrio plaintiffs. The decision orders the Ecuadorans’ US law firm, Patton Boggs, to produce documents in response to a subpoena, subject to privilege claims much narrower than the claims Patton Boggs argued it was entitled to make. The……

  • Letters Blogatory Sues the Government Under FOIA

    Readers who are following the Lago Agrio case will know that until the Second Circuit decided Naranjo (and maybe even now), one of the main questions Chevron sought to litigate in New York was whether the Ecuadoran courts were systematically inadequate, that is, whether they met the standards of impartiality and due process necessary to……

  • Service by Email and Facebook: FTC v. PCCare247 Inc.

    I’ve got an interesting case for you today! The case of the day is FTC v. PCCare 247 Inc. (S.D.N.Y. 2013). The FTC alleged that the defendants, Vikas Agrawal, Anuj Agrawal, Parmeshwar Agrawal, PCCare247 Solutions Pvt. Ltd., and Connexxions IT Services Pvt. Ltd., all located in India, “operated a scheme that tricked American consumers into……

  • Case of the Day: Via Vadis Controlling GmbH v. Skype, Inc.

    The case of the day is Via Vadis Controlling GmbH v. Skype, Inc. (D. Del. 2013). Via Vadis is the exclusive licensee of a European patent, and it sued Skye Software S.A.R.L. for infringement in Germany. Via Vadis also applied to a Luxembourg court for an Ordonnance permitting court-appointed experts to search Skype Software’s offices……