The case of the day is Kiobel v. Cravath, Swaine & Moore LLP (2d Cir. 2018). You’ll no doubt recall the name Kiobel from Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the case in which the Supreme Court held that the ordinary presumption against extraterritorial application of US laws applies to cases under the Alien Tort Statute. After that decision, the plaintiff, Esther Kiobel, sought to bring an action against Shell in the Netherlands. There had been significant discovery in the US proceedings in New York that preceded the Supreme Court’s decision. Shell had produced documents, and depositions had been taken. The discovery material was subject to a protective order under which the documents Shell produced were to be used…

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