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Legal Ethics Keyed to Rhode, 8th Ed.
In re Chevron Corp.
Citation:
650 F.3d 276 (2011)Facts
The underlying litigation involved claims by Ecuadorian plaintiffs that Texaco (later acquired by Chevron) contaminated the Oriente region of Ecuador and caused significant health problems. Attorney Joseph Kohn and his firm represented the Ecuadorian plaintiffs for 16 years and invested millions of dollars in the case. During the litigation, a documentary called “Crude” was filmed, which included footage of meetings between the Ecuadorian plaintiffs’ attorneys, including Kohn. Chevron obtained outtakes from this documentary through a separate § 1782 application and then sought discovery from Kohn, arguing that the filming of attorney-client communications for “Crude” effected a broad subject matter waiver of attorney-client privilege. The District Court agreed and granted Chevron’s discovery request. The Ecuadorian plaintiffs and Republic of Ecuador appealed, arguing that the communications filmed for “Crude” were never privileged due to the presence of the filmmakers, and therefore could not have waived privilege for other communications.
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