Tag Archives: 1782

Case of the Day: In re O’Keeffe

The case of the day is In re O’Keeffe (D.N.J. 2015). Kate O’Keeffe was a Hong Kong-based reporter for Dow Jones & Co. She wrote an article, published in the US, European, and Asian editions of the Wall Street Journal, that described casino magnate Sheldon Adelson as “foul-mouthed.” Adelson, displaying some pretty thin skin for a billionaire in my opinion, sued O’Keeffe for libel in Hong Kong. O’Keeffe brought an application under § 1782 for leave to serve a subpoena on Kirk A. Thorell, formerly the auditor for one of Adelson’s companies. The WSJ had previously reported that Adelson’s “demeanor” was one of the reasons Thorell’s firm, PriceWaterhouseCoopers, no longer audited the company. She suggested that Thorell might have information to support her assertion, in her article, that Adelson was “foul-mouthed.” The magistrate judge granted the application ex parte, and Adelson then moved to quash.
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Case of the Day: Chevron v. Snaider

The case of the day is Chevron Corp. v. Snaider (D. Colo. 2015). I haven’t written about a Lago Agrio-related case in a while. It’s good to be back! Chevron, after applying under § 1782, obtained leave to serve a subpoena on Andres Snaider. Snaider, an Ecuadoran national living in Connecticut, was the founder of Nextant, LLC, a consultancy, and he was a classmate of Steven Donziger and James Russell DeLeon at Harvard Law School in the 1980s. Snaider and Donziger had originally approached DeLeon, who controlled Torvia Ltd., seking an investment in a documentary about the environmental damage in the Amazon—presumably the film that became Crude. According to Chevron, DeLeon ultimately invested more than $3 million in the Lago Agrio litigation, and Snaider was alleged to be involved in structuring the investment and reviewing the Torvia funding agreement. Chevron brought a § 1782 application, seeking evidence from Snaider for use in its action in Gibraltar against DeLeon and Torvia as well as for use in the actions in Argentina and Brazil to enforce the Ecuadoran judgment. After the subpoena issued, Snaider moved to quash.
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In re Application of Kegel

The case is In re Application of Kegel (D.N.D. 2014). Adam Kegel was the plaintiff in a class action pending in Montreal, Kegel v. National Bank of Canada. He made an application to the district court in North Dakota under § 1782 for a subpoena to Joseph Kostelecky. The court granted the application, and Kegel apparently obtained the evidence he sought from Kostelecky. Kegel then sought an order declaring that nothing in the court’s prior order or US law would prohibit him from using the evidence in another Canadian case, Goldsmith v. National Bank of Canada, which was an Ontario case that paralleled the Québec case.
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