2nd. Circ. Says Cravath Need Not Fork Over Shell Docs

Law360 (July 10, 2018, 9:15 PM EDT) -- The Second Circuit held Tuesday that Cravath Swaine & Moore LLP need not turn over Royal Dutch Shell documents to a Nigerian environmental and human rights advocate for use in litigation against the oil giant in the Netherlands, saying that forcing the firm to do so would endanger open communication between lawyers and clients.

In a precedential ruling, a panel of Second Circuit judges reversed a lower court's order that Cravath fork over the documents to Esther Kiobel under a federal statute known as 28 United States Code Section 1782, which affords litigants gathering evidence for use in a foreign proceeding...

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