Author: Ted Folkman

  • Case of the Day: Oak Point Partners v. Lessing

    The case of the day is Oak Point Partners v. Lessing (N.D. Cal. 2012). The claim was that EXDS, a US company, had loaned $23 million to Exodus GmbH, its German subsidiary. EXDS went into Chapter 11 bankruptcy proceedings, and Oak Point Partners, Inc., the plaintiff, bought all of its assets, including its rights against……

  • Belfast Project: Moloney & McIntyre Seek a Stay in the Supreme Court

    In the Belfast Project case, Ed Moloney & Anthony McIntyre have sought a stay of the First Circuit’s judgment in the Supreme Court. They filed their application on September 28. Unfortunately, the Supreme Court does not make filings electronically available, as the other federal courts do, but I am trying to obtain a copy and……

  • Update on the Heller Subpoena

    In a new article in the San Francisco Chronicle, Chevron suggests that it subpoenaed Kevin Jon Heller’s gmail account because it didn’t believe that the account belonged to him. This hardly seems credible—Chevron could simply have asked Heller, or it could have done five minutes of googling. I want to clear up a misconception that……

  • Lago Agrio: The Heller Subpoena

    As I reported on Wednesday, Chevron issued a subpoena to blogger Kevin Jon Heller of Opinio Juris, who has been highly critical of Chevron in the Lago Agrio litigation. Heller had some back-and-forth with Chevron advocate (and Letters Blogatory contributor) Doug Cassel and his fellow bloggers Roger Alford and Kenneth Anderson in the comments to……

  • Judicial Review under the Hague Service Convention in Germany

    IJA Brigade correspondent Peter Bert returns today with a post on the procedure under which a German defendant can challenge service of process under the Hague Service Convention in the German courts after service has been made. I had asked Peter a question about this in another context, and he was good enough to expand……