Author: Ted Folkman

  • Case of the Day: Suzlon Energy v. Microsoft

    Case of the Day: Suzlon Energy v. Microsoft

    Today’s case of the day, Suzlon Energy Ltd. v. Microsoft Corp. (9th Cir. 2011), is another case involving the Stored Communications Act. Suzlon brought a judicial assistance application seeking to serve a subpoena on Microsoft for the contents of emails from the Hotmail account of Sridhar, an Indian national, for use in a civil case……

  • More on Preliminary Relief Before Service Of Process

    In recent posts on 3M Co. v. Christian Investments LLC and H-D Michigan, LLC v. Hellenic Duty-Free Shops, S.A., I opined that given that courts have jurisdiction to enter temporary restraining orders binding foreign defendants before service of process, they should also have jurisdiction to enter preliminary injunctions before service of process, as long as……

  • Case of the Day: Tricon Energy, Ltd. v. Vinmar International Ltd.

    The case of the day is Tricon Energy Ltd. v. Vinmar International, Ltd. (S.D. Tex. 2011). Vinmar and Tricon were both US companies in the aromatics industry. Vinmar had contracted to purchase 5,000 metric tons of mixed xylene from Tricon for delivery in Asia. Tricon accused Vinmar of breaching the contract and demanded arbitration. The……

  • A Shout-out to John Neiman

    A Shout-out to John Neiman

    I wanted to interrupt our regular coverage to give a shout-out to my law school classmate, John Neiman, the solicitor general of Alabama, who argued a case in the Supreme Court today. Way to go, John! That’s a great professional achievement.

  • Case of the Day: Satori LLC v. Prodema LLS

    Case of the Day: Satori LLC v. Prodema LLS

    The case of the day is Satori LLC v. Prodema LLS (N.D.N.Y. 2011). Satori is a Russian construction contractor. It had a contract with Prodema, a Wyoming company whose manager was Caversham LLC, a New York company. The Satori/Prodema contract had a forum selection clause that chose the Artibrazh Court of the City of Moscow……