Discovery -- 2018



Kiobel v. Cravath, Swaine & Moore LLP   (2nd Circuit)

Foreign confidential document discovery

The NAM filed an amicus brief supporting Shell in an appeal in the U.S. Court of Appeals for the Second Circuit. The case concerned a district court’s authority to order the New York-based law firm representing Shell to turn over documents produced under a confidentiality order in prior litigation for use in a Dutch court suit against Shell. The NAM’s brief drew the court’s attention to the serious consequences such discovery could have for attorney-client communications and to litigants’ confidence in confidentiality stipulations. The Second Circuit reversed the district court's order requiring production of the documents.


Related Documents:
NAM brief  (April 20, 2017)