from Alison Frankel:

Litigation funder feared Chevron case would taint fledgling industry

By Alison Frankel
August 2, 2013

Regardless of what you think of the business of litigation funding, it's here to stay. There are now hundreds of millions, if not billions, of dollars of capital invested in commercial litigation and arbitration in the United States, Britain and Australia, and some of the biggest litigation funding firms in the United States have begun to show a good enough return for their investors to justify the risk of taking sides in inherently lengthy and uncertain cases. Business groups that oppose investment in litigation tried mightily, but they simply haven't managed to stem the industry's steady spread, either through legislation or regulation.

from Stories I’d like to see:

Hagel’s ignorance, Big Oil in the rain forest and a drone story

By Steven Brill
February 11, 2013

The Hagel fiasco:

I can’t get Defense Secretary-designate Chuck Hagel’s awful Jan. 31 Senate confirmation testimony out of my head. I went back last week and watched most of it again. It was stunning, by far the worst performance by a high-level appointee I’ve ever seen or heard about. I’m not referring to Hagel’s gaffes, though there were some. I’m talking about pretty much everything he said after he read his opening statement. He seemed – is there a nice way to say this? – stupid.

from Alison Frankel:

Truth and justice are elusive in Chevron Ecuador case

By Alison Frankel
January 29, 2013

On Monday, Chevron filed a new motion for summary judgment in its fraud and racketeering case against the lawyers and expert witnesses who helped 47 Ecuadoreans from the Lago Agrio region of the rainforest obtain an $18 billion judgment against the oil company from an Ecuadorean court in 2011. The motion discloses what seems to be incredibly powerful evidence that the Ecuadorean judgment was illegitimate: A onetime presiding judge on the Ecuadorean case, Alberto Guerra, submitted a declaration asserting that he acted as the middleman in setting up a $500,000 bribe from plaintiffs' lawyers to the Ecuadorean judge who entered the judgment against Chevron. Guerra claimed that the plaintiffs actually drafted the 2011 judgment and that he, as a behind-the-scenes ghostwriter, worked with plaintiffs' lawyers to make it seem more like a court ruling. According to his declaration, filed before U.S. District Judge Lewis Kaplan of Manhattan, Guerra had previously received regular payments from the plaintiffs in the Chevron case to ghostwrite other rulings subsequently issued by the presiding judge. And, to boot, Guerra asserted that Chevron -- unlike the plaintiffs -- didn't respond to his solicitation of bribes.

from Breakingviews:

Exxon’s fracking gag makes Chesapeake look good

May 30, 2012

By Christopher Swann
The author is a Reuters Breakingviews columnist. The opinions expressed are his own.

from Alison Frankel:

Morrison and international RICO: Kaplan’s take in Chevron case

By Alison Frankel
May 22, 2012

It's been relatively easy for district courts to figure out how to apply the U.S. Supreme Court's 2010 ruling in Morrison v. National Australia Bank in securities cases – unless the defendant is a U.S.-listed company, shareholders are pretty much out of luck in U.S. courts. Post-Morrison racketeering litigation has no such conveniently bright lines. The Racketeer Influenced and Corrupt Organizations Act doesn't explicitly mention that it applies to overseas conduct, so under Morrison judges must presume it does not. But they've struggled to define exactly what constitutes overseas racketeering as opposed to domestic racketeering with an international component.

from Breakingviews:

Review: Exxon’s shareholder fetish, good and bad

May 4, 2012

By Christopher Swann
The author is a Reuters Breakingviews columnist. The opinions expressed are his own.

from The Great Debate:

Brazil’s attack on Chevron is a dangerous error

By Ken Blackwell
March 28, 2012

A truly bizarre international incident has gone largely unnoticed, even though it is one of the most shameless shakedowns of an American company by another country in recent memory. What is happening now in Brazil could easily scare off U.S. companies that may be looking to do business overseas.

from Alison Frankel:

Chevron tries, tries again to attach Ecuadoreans’ $18 bln award

By Alison Frankel
March 12, 2012

It's been all of three weeks since U.S. District Judge Lewis Kaplan of Manhattan federal court lifted a stay on Chevron's fraud and racketeering suit, which was filed in 2010 against the Ecuadoreans who accuse the oil company of contaminating the Lago Agrio region of the rainforest as well as the Ecuadoreans' lawyers and advisers. But the two sides in this corollary to the endless litigation that produced an $18.2 billion judgment against Chevron in the Ecuadorean courts have picked up as though they never left off. This week Chevron filed a motion for partial summary judgment and renewed its motion for an attachment order that would effectively block the Ecuadoreans from enforcing their award. Lawyers for the RICO defendants, predictably, have responded with accusations of dirty tricks against Chevron and its counsel at Gibson, Dunn & Crutcher.

from The Great Debate:

Suing corporations should be a last resort

By Christine Bader
February 23, 2012

On Feb. 28, the U.S. Supreme Court will hear arguments in Kiobel v. Royal Dutch Petroleum. The case is about Shell’s alleged complicity in torture and extrajudicial killings committed by the Nigerian military in the mid-1990s, and is expected to determine whether corporations can be sued in the U.S. for their involvement in human rights abuses abroad.

from Alison Frankel:

Ecuadoreans call for U.S. help in Chevron arbitration

By Alison Frankel
January 30, 2012

In last week's rejection of Chevron's attempt to use U.S. courts to block enforcement of the Lago Agrio plaintiffs' $18 billion Ecuadorean judgment, the U.S. Court of Appeals for the Second Circuit was clearly uneasy at the idea of American judges interfering with foreign jurisprudence. So far, the arbitration panel overseeing Chevron's case against the Republic of Ecuador has had no such qualms. But with Chevron now relying heavily on the arbitration process to protect it from plaintiffs' attempts to claim oil company assets, the panel's power over foreign courts is going to become a key issue -- and the Ecuadorean plaintiffs are now calling for the U.S. government to support Ecuador's sovereignty. Chevron, meanwhile, argues that if anyone has caused harm to Ecuador's constitution, it's the Republic and the Lago Agrio plaintiffs, not Chevron and the arbitration panel.