For International Clients
An Experienced, Trusted Partner
We have many years of experience working with counsel and clients abroad, helping them navigate the US legal system, and showing them sometimes surprising ways American law can work to their advantage. We work on the following principles.
Partnership. When foreign lawyers and businesses consult with us, we understand that often the US aspects of the problem are ancillary to the main dispute. We always give our best advice, but we follow the lead of our clients and our foreign colleagues on questions of overall strategy.We also are careful not to try to get between our foreign clients and their lawyers. We do not “poach” clients; we do not try to be all things to all people.
Expertise. Our experience in international judicial assistance and private international law speaks for itself. In addition to work for his clients, Ted Folkman serves as the chair of the International Law Section of the Boston Bar Association, was elected to membership in the prestigious American Law Institute, where he participates in the Members Consultative Group on Conflict of Laws, and was a non-governmental delegate to the Special Commission of the Hague Conference on Private International Law. He is the author of a chapter in the American Bar Association’s new treatise on international litigation in the US Courts, the author of the Massachusetts Continuing Legal Education’s award-winning book on International Judicial Assistance, now in its second edition, and other books, chapters, and articles in the field. Ted has published a leading private international law blog, Letters Blogatory, continuously since 2011. He is often invited to speak on private international law and international judicial assistance at law schools and conferences around the country and abroad.
Economy. We understand that US litigation can take more in time and money than litigation abroad in many cases. We work closely with our foreign partners to develop realistic plans to accomplish what they want to accomplish in the available time for a price that is reasonable in light of the overall cost of the litigation. It is best to consult us early in the life of your case, so that we can plan together to achieve your goals within the time available in your case.
Nationwide Reach. We are based in Boston, and Ted Folkman is admitted to the Massachusetts bar. Through our network of cooperating lawyers, we are able to handle cases in the federal courts in major cities throughout the country, combining our subject-matter expertise and our partners’ knowledge of the local courts. We work in small, cost-effective teams to get the job done.
Areas of Work
Evidence Gathering (Section 1782). We have a track record of success gathering evidence in the United States for use abroad. Most often, but not exclusively, we make use of a federal statute, 28 U.S.C. § 1782, that gives foreign litigants access to the broad mechanisms of US pretrial discovery, including document discovery and depositions.
Judgment Recognition. We help clients obtain recognition of foreign judgments and arbitral awards in the United States, for purposes of enforcement and for other purposes.
Cross-Border Civil and Commercial Litigation. We prosecute and defend civil and commercial lawsuits in the United States on behalf of clients abroad. Ted Folkman has twenty years of experience in high-stakes business litigation, and he also brings to bear his experience in private international law, which can also provide a key advantage in cross-border cases.
Foreign Sovereign Litigation. Ted has experience in litigation under the Foreign Sovereign Immunities Act, the US law governing the immunity of foreign states and their instrumentalities from the jurisdiction of American courts.