The case of the day is In re Petrobras Securities Litigation (S.D.N.Y. 2016). The action involves investors’ claims of losses due to a bribery and kickback scandal involving Petrobras, a Brazilian oil company. The plaintiffs sought approval from the court to serve a subpoena on Mauro Gentile Rodrigues da Cunha, a former Petrobras independent director. Mr. da Cunha was apparently in Brazil. However, he was born in Philadelphia and was therefore a United States national unless someone could prove by a preponderance that he had lost his US citizenship, and no one tried.
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I’m happy to welcome first-time guest poster Larissa Pochmann of the Universidade Candido Mendes, with a post on Brazil’s recent accession to the Hague Apostille Convention. Welcome, Larissa!
The Apostille Convention, also known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, was drafted by the Hague Conference on Private International Law. There are eighty members of the Hague Conference (79 states and one Regional Economic Integration Organization) and 68 non-member states are connected with the Conference. According to the State Department’s helpful explanation, apostilles authenticate the seals and signatures of officials on public documents, which are documents originating from a court, a clerk of court, a public prosecutor or process server, and also administrative documents, notarial acts, and official certificates placed on documents. A public document with an apostille will be recognized in foreign countries that are parties to the Convention, regardless of the official language of the issuing country and without a requirement of diplomatic or consular legalization.
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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.
Continue reading Case of the Day: Chevron v. Snaider