Author: Ted Folkman

  • Patton Boggs Opens A New Front In The Chevron/Ecuador Case

    For the most part, Chevron has been the master of ancillary litigation in its dispute with Ecuador, bringing many § 1782 judicial assistance proceedings, a RICO action, a declaratory judgment action, and of course a claim under the US/Ecuador bilateral investment treaty. The Lago Agrio plaintiffs have fought back in what I consider to be……

  • Case of the Day: Chelsea Football Club v. Mutu

    The case of the day is Chelsea Football Club Ltd. v. Mutu (S.D. Fla. 2012). Adrian Mutu played soccer for AC Parma until 2003, when he was transferred to Chelsea. Chelsea paid AC Parma a £ 22.5 million transfer fee. Chelsea and Mutu made a five year contract with an annual salary of £ 2.35……

  • ABA Resolves To Encourage US Courts To Respect Foreign Privacy and Data Protection Laws

    At its recent meeting, the House of Delegates of the American Bar Association passed a resolution regarding respect for foreign blocking statutes and data protection laws in pretrial discovery in US civil actions. The resolution reads: RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S.……

  • Lago Agrio: A Quick Overview

    Let’s take stock of where things stand in the Chevron/Ecuador saga. In this post, I try to review the main fronts of the battle, leaving subsidiary issues (such as the judicial assistance applications, which were what first got me interested in the case) to the side. Is the judgment final and conclusive in Ecuador? The……

  • The Lago Agrio Plaintiffs Win Another Round (The Last?) In Ecuador

    In a not-unexpected development, the Lago Agrio plaintiffs won the latest round in Ecuador’s courts. An appellate court rejected Chevron’s request to be excused from the ordinary requirement of posting a bond in order to suspend the operation of the lower court’s $18 billion judgment while it pursues its appeal. This is not a surprise,……