Author: Ted Folkman

  • Case of the Day: American Express v. Rui

    The case of the day is American Express Co. v. Rui (D. Ariz. 2019). Amex brought a claim against Xiongwen Rui, a former executive, seeking to claw back compensation Rui had received before quitting and going to work for a Chinese competitor. After several failed attempts at service, Amex brought a motion to serve process……

  • Case of the Day: Lamps Plus v. Varela

    Case of the Day: Lamps Plus v. Varela

    The case of the day is Lamps Plus, Inc. v. Varela (S. Ct. 2019). A hacker tricked Lamps Plus into disclosing tax information of more than a thousand employees. One of the employees, Frank Varela, was the victim of identity theft when someone using his information filed a fraudulent tax return in his name. Varela……

  • Conundrum of the Day: The Indictment of Judge Shelley Joseph

    Here in Boston, a federal grand jury has just indicted Judge Shelley Joseph, a judge in the Newton District Court, for conspiracy to obstruct justice, obstruction of justice, and obstruction of a federal proceeding. The claim is that during an arraignment in her courtroom for Jose Medina-Perez, who was charged with being a fugitive from……

  • Case of the Day: Santos v. LATAM Airlines

    The case of the day is Santos v. LATAM Airlines Group S.A. (SDNY 2019). Yolanda Delia Arias Santos, an Ecuadoran, was flying from New York to Guyaquil, Ecuador on LATAM, a Chilean airline. she claimed that on the flight, a flight attendant spilled boiling tea on her. She sued in New York. LATAM moved to……

  • Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration

    Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration

    The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as……