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Case of the Day: In re Republic of Ecuador
The case of the day, In re Republic of Ecuador (E.D. Cal. 2011), is yet another application for judicial assistance arising out of the Lago Agrio litigation (prior coverage here). Ecuador sought to serve a subpoena on Douglas M. Mackay, one of Chevron’s experts, who wrote reports that Chevron offered in the Lago Agrio litigation……
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Notes from the State Department
Some time ago, I put a few questions to the State Department with a request for comment. Here are the answers I received. LB: State Department guidance and recent cases indicate that certain foreign central authorities are not carrying out their obligations under multilateral conventions on judicial assistance. For example, the State Department’s guidance on……
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Case of the Day: Chevron Corp. v. Salazar
The case of the day, Chevron Corp. v. Salazar (S.D.N.Y. 2011), is a minor discovery dispute in the New York branch of the Lago Agrio litigation that illustrates the war of attrition I suggested in Monday’s post. The case involves the adequacy of Chevron’s privilege log. The magistrate judge reviewed the supposedly privileged documents at……
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Case of the Day: H-D Michigan, LLC v. Hellenic Duty Free Shops S.A.
The case of the day is H-D Michigan, LLC v. Hellenic Duty Free Shops S.A. (E.D. Wis. 2011). HD-Michigan and Harley-Davidson Motor Co. sued Hellenic for breach of a trademark licensing agreement. The court issued a temporary restraining order effective for fourteen days, which enjoined Hellenic from using Harley-Davidson’s trademarks. In the case of the……
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Consolidation of Applications for Judicial Assistance
We’ve seen many judicial assistance applications filed all over the country by both sides in the Lago Agrio case. Why are these not consolidated into a single proceeding? One answer may be that the parties are engaged in a war of attrition and are not interested in consolidation. Another answer may be that there is……