MIAMI—The Second Circuit’s thorough and thoughtful opinion in Chevron v. Donziger, ruling against members of the Lago Agrio plaintiffs’ group (“LAPS” in the decision), contains a careful discussion of the evidence of wrongdoing by Steven Donziger and his cohorts. The court’s legal analysis includes discussion of:

  1. standing under Article III;
  2. mootness;
  3. judicial estoppel; and
  4. international comity.

This decision has significant implications for cross-border litigation and is worthwhile reading for practitioners in the area. Click HERE for the trial court opinion and HERE for the appellate court opinion.

Rivero Mestre participated in a series of U.S. discovery proceedings under 28 U.S.C. § 1782 to collect evidence for the criminal defense of Chevron executives in Ecuador, including the proceedings that obtained the outtakes of a film about the Ecuador litigation—Crude—directed by documentarian Joseph Berlinger. On June 17, 2010, the Ecuadorian court dismissed the criminal charges based on the U.S. discovery materials obtained. Rivero Mestre subsequently participated in the investigation that led to key evidence underlying yesterday’s ruling.

About Rivero Mestre LLP

Rivero Mestre, from its offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment. For more information, visit www.riveromestre.com.