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Cert. Watch: Kiobel v. Cravath
I’m keeping an eye on the new cert. petition in Kiobel v. Cravath, Swaine & Moore LLP. This was the case where a plaintiff had sought to use § 1782 to obtain documents from its opponent’s (Royal Dutch Shell’s) US law firm (Cravath) that had previously been produced, for use in US litigation, subject to……
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Lago Agrio: The Remedy
This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment……
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Case of the Day: Kiobel v. Cravath, Swaine & Moore
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……
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Case of the Day: United States v. McLellan
The case of the day is United States v. McLellan (D. Mass. 2018). Ross McLellan was charged with conspiracy, securities fraud, and wire fraud. He sought an order to compel the government to exercise rights under the US/Netherlands MLAT so that he could obtain the testimony of a Dutch citizen for trial. He sought similar……
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Case to Watch: Gubarev v. Buzzfeed
The Trump/Russia scandal now has an international judicial assistance angle. In early 2017, Buzzfeed published the Steele dossier, which contained the following assertions: