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 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. Our 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 amicus brief  (April 20, 2017)


© 2019 National Association of Manufacturers