Lago Agrio: Donziger and the LAPs Cite Letters Blogatory

Due to my own schedule, I haven’t been writing about the various pending motions in the Lago Agrio RICO trial. I’ve got a day job, you know! But I did want to point to Donziger and the LAPsmotion to strike Judge Guerra’s testimony. I’m not going to give a view about the motion in this post. Instead, I wanted just to point to footnote 4 of the motion, which tries to make some hay out of my FOIA case:

Chevron for years has orchestrated a public relations and lobbying campaign designed to imbue the public consciousness with fear and suspicion regarding Ecuador. See, e.g., DI 1241-2 at 5-8. By casting Ecuador—universally regarded as one of the world’s top retirement havens (see International Living, The World’s Top Retirement Havens in 2013, available at (last visited October 28, 2013)—as a lawless and dangerous cesspool of a country from which witnesses must be secreted at extraordinary expense, Chevron now attempts to reap the fruits of the antipathy it has so deliberately sown. Indeed, emerging evidence suggests that Chevron may have influenced the content of the U.S. State Department Reports on which it now relies as an independent condemnation of Ecuador. See generally In short, Chevron’s trashing of a sovereign nation with impunity in these proceedings is the culmination of several years of cynical groundwork-laying.

I’m not sure how Ecuador’s status as a retirement haven comes into it, but I am interested to see someone trying to make some use of the first fruits of the FOIA case.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

Leave a Reply

Your email address will not be published. Required fields are marked *