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By Ted Folkman

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  • A Review of Palys and Lowman on the Belfast Project

    Several readers have gotten in touch to tell me that I ought to write about the new article by Ted Palys and John Lowman, Defending Research Confidentiality “To The Extent The Law Allows:” Lessons From the Boston College Subpoenas. The readers seem to be hoping for some kind of major-league smackdown of the article. So……

    December 4, 2012
  • Updates on Lago Agrio and Argentina

    So as not to get too far into the week without some cases of the day, I am going to cover some recent happenings in two of our favorite cases in a single post. First is an update on the hearing on Chevron’s motion to dismiss in Toronto; second, the hearing on the Liberdad case……

    December 3, 2012
  • Second Circuit Grants Argentina a Stay

    Yesterday the Second Circuit granted Argentina’s motion for an emergency stay of Judge Griesa’s injunction. I suspect the court was concerned with the representations Argentina and others had made about the consequences of the injunction for the US payment system, for New York as a financial center, and for the sovereign debt market.

    November 30, 2012
  • Case of the Day: Microsoft v. John Doe

    The case of the day is Microsoft Corp. v. John Doe (E.D.N.Y. 2012). Microsoft asserted claims against dozens of unknown defendants, the alleged creators, controllers, and users of the “Zeus Botnets” malware, a malicious computer program that is used to commit various cyber-crimes. Microsoft did not know the identities of the defendants, but its investigation……

    November 29, 2012
  • Argentina Seeks A Stay from the Second Circuit

    Argentina has moved for an emergency stay of Judge Griesa’s injunction. As we saw earlier this week, the judge had lifted the stay of his injunction in light of Argentina’s announced intention never to pay the owners of its defaulted bonds. Argentina’s stay request makes a few interesting points. First, Argentina argues that the injunction……

    November 28, 2012
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