Tag Archives: 1782

Lago Agrio: Chevron Seeks Discovery From MCSquared

Update: I’ve made a minor correction in light of Mark Kantor’s helpful comment, printed below.

Remember MCSquared, the Republic of Ecuador’s US PR firm, which hired “ethically diverse” actors to protest at a Chevron meeting, and which initially failed to register as Ecuador’s agent under the Foreign Agent Registration Act. The MCSquared story was good comic relief, but it has now taken a more serious turn, as Chevron has brought an application for discovery under § 1782 seeking information from MCSquared for use in its BIT arbitration foreign enforcement proceedings and the Gibraltar case. Bonus: since MCSquared is located in New York, Judge Kaplan is presiding.
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Case of the Day: Application of Coalition to Protect Clifton Bay

The case of the day is In re Application of the Coalition to Protect Clifton Bay (S.D.N.Y. 2014). Peter Nygård was the longtime owner of Nygård Cay in the Bahamas. Louis Bacon owned a neighboring parcel, Point House. The Coalition to Protect Clifton Bay had brought two actions in the Bahamas challenging the supposed failure of the Bahamian government to oversee Nygård’s expansion of Nygård Cay. Nygård sought to intervene in those actions. Bacon, who opposed Nygård’s work on his property, had separately sued several of Nygård’s associates for defamation, claiming they were part of a “smear campaign” against him. Nygård, taking a page perhaps from Steven Donziger, had a videographer, Stephen Feralio, who filmed “Nygård’s daily life, both personal and professional, including meetings between Nygård and Bahamian officials,” and who also allegedly “aided in the production of anti-Bacon videos.” The Coalition and Bacon, taking a page from Gibson Dunn, sought an order under § 1782 allowing a subpoena to Feralio to obtain the videos. Did I say taking a page from Gibson Dunn? I misspoke—Gibson Dunn is actually representing the Coalition and Bacon!
Continue reading Case of the Day: Application of Coalition to Protect Clifton Bay