Author: Ted Folkman

  • Case of the Day: Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.)

    The case of the day, Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.) (Bankr. D. Mass. 2011), is from my home base in Boston. It involves the difficulties in serving process in Russia under the Hague Service Convention. The case was a preference avoidance action by the Chapter 7 Trustee against the St. Petersburg……

  • Digest for March 2, 2011

    Hammond v. Hammond (N.C. Ct. App. 2011). Affirming denial of motion to dismiss for insufficient service of process where the plaintiff effected service in Japan via the Japanese central authority and where a certificate from the authority indicated that service had been effected.

  • Dedon v. Janus Revisited: Purchase Orders and Arbitration

    Yesterday’s case of the day, Dedon GmbH v. Janus et Cie, got me thinking about an interesting point, though one that is, strictly speaking, outside of the Letters Blogatory scope of coverage. It is not uncommon, in domestic or international trade, for a seller to deliver goods to a buyer upon receipt of a purchase……

  • Case of the Day: Dedon GmbH v. Janus et Cie

    The case of the day, Dedon GmbH v. Janus et Cie (S.D.N.Y. 2011), is a needless procedural tangle. The complexity arose because it was unclear whether an arbitration agreement existed between the parties.

  • Back from Vacation

    I’m back in Boston after ten days of much-needed vacation. Thanks to Kate Halloran for holding down the fort! There were two developments in the last week that I wanted to briefly note before picking up again with coverage of current cases: first, a new French decision in the Dallah case, and second, a mention of……