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Unintended Consequences In The Lago Agrio Case
Keeping up their efforts to get Chevron’s shareholders to pressure management, the Lago Agrio plaintiffs have publicized a report by Simon Billenness, a consultant who “advises shareholders and fiduciaries on how to use the capital markets to protect their investments from potential environmental, social and legal risks.” The report was commissioned by Oil Change International,……
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Case of the Day: Giraldo v. Drummond Co.
The case of the day is Giraldo v. Drummond Co. (N.D. Ala. 2012). According to the complaint, Drummond owned a coal mine in La Loma, in Colombia’s Cesar Province, and it shipped its coal from Santa Marta, in Magdalena Province. Both areas were under the control of the FARC, the Revolutionary Armed Forces of Colombia,……
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Case of the Day: Baker Hughes Inc. v. Homa
The case of the day is Baker Hughes Inc. v. Homa (S.D. Tex. 2012). Baker Hughes was an oil-field service company doing business in Texas. It was the developer of “CoreBright,” a fiber used in fiber-optic sensing. Daniel Homa and Robert Harman were Baker Hughes employees. Both had signed non-disclosure and non-solicitation agreements. In 2010,……
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Judge Kaplan Dismisses Some Claims Against Donziger
Judge Kaplan issued two decisions in Chevron’s RICO action against Steven Donziger yesterday, and predictably, both sides found a way to spin the decisions as a success. Recall that the gist of the claim is that Donziger and others orchestrated a scheme to extort money from Chevron by bringing a baseless lawsuit in Ecuador, creating……
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Case of the Day: Sung Hwan Co. v. Rite Aid Corp.
The case of the day is Sung Hwan Co. v. Rite Aid Corp. (N.Y. App. Div. 2012). The opinion is cryptic and tantalizing—I’ll do my best to decipher it. It seems that Sung Hwan claimed that Rite Aid had “owned [an] ice cream plant that manufactured and sold listeria-tainted ice cream to” Sung Hwan, and……