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A First Look at the Donziger Decision
Many readers will already have read about Judge Kaplan’s findings of fact and conclusions of law, which found that Steven Donziger and the Lago Agrio plaintiffs violated the RICO statute and enjoined them from benefiting from the Ecuadoran judgment or from seeking recognition of it in the United States. Yesterday was quite clearly a big……
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Lago Agrio: Deepak Gupta In The House
If you spend your days reading and writing memoranda of law, you know a good one when you see it. And so when I read Steven Donziger’s latest brief in the RICO case last week, my first thought was that his lawyers had finally found their groove. But then I looked at the cover and……
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Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……
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Was the Lago Agrio Judgment Ghostwritten?
Chevron advocate and friend-of-Letters-Blogatory Doug Cassel is back with his take on the judgment ghostwriting issue. I’ll respond to some of his points in the comments. In a January 7 post Ted Folkman makes an ambitious—albeit “tentative”—effort to assess the voluminous evidence of fraud committed by Steven Donziger and certain other plaintiffs’ attorneys in the……
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The Supreme Court Will Review Argentina v. NML Capital
On Friday, the Supreme Court granted Argentina’s petition for a writ of certiorari in Republic of Argentina v. NML Capital, Ltd. to review the Second Circuit’s decision in EM Ltd. v. Republic of Argentina, 695 F.3d 201 (2d Cir. 2012), in which the court held that Argentina’s judgment creditors could take post-judgment discovery generally, without……