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Keywords

plaintifflitigationattorneysubpoenamotioncorporationattorney-client privilege
plaintiffattorneymotioncorporationattorney-client privilege

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Chevron Corp. v. Salazar, 275 F.R.D. 437

Facts

The Lago Agrio plaintiffs (LAPs) obtained a judgment against Chevron for approximately $18 billion in Ecuador, claiming environmental damage caused by Texaco, which Chevron acquired. Chevron sought to prevent enforcement of this judgment in the U.S. and filed subpoenas against the LAPs' attorneys, asserting that privileges had been waived due to the lead attorney's failure to submit a timely privilege log. The LAPs and their attorneys objected, claiming attorney-client privilege and work product doctrine protections.

The Lago Agrio plaintiffs (LAPs) obtained a judgment against Chevron for approximately $18 billion in Ecuador, claiming environmental damage caused by Texaco, which Chevron acquired.

Issue

Whether the attorney-client privilege and work product doctrine were waived by the lead attorney's failure to provide a timely privilege log, and whether the documents sought by Chevron were subject to the crime-fraud exception.

Whether the attorney-client privilege and work product doctrine were waived by the lead attorney's failure to provide a timely privilege log, and whether the documents sought by Chevron were subject to the crime-fraud exception.

Rule

The attorney-client privilege applies to communications made in confidence for legal advice, but can be waived by voluntary disclosure. The crime-fraud exception applies when communications are made in furtherance of a crime or fraud.

The attorney-client privilege applies to communications made in confidence for legal advice, but can be waived by voluntary disclosure. The crime-fraud exception applies when communications are made in furtherance of a crime or fraud.

Analysis

The court found that the lead attorney's failure to submit a timely privilege log constituted a waiver of any privilege asserted on behalf of the LAPs. It ruled that the documents sought by Chevron were within the scope of the waiver, as the attorney had the practical ability to obtain them. The court also determined that the crime-fraud exception applied to certain documents related to fraudulent activities in the Lago Agrio litigation.

The court found that the lead attorney's failure to submit a timely privilege log constituted a waiver of any privilege asserted on behalf of the LAPs.

Conclusion

The court granted Chevron's motion to compel in part, ruling that certain documents were not protected by attorney-client privilege due to the waiver, while denying the motion regarding documents created after the waiver.

The court granted Chevron's motion to compel in part, ruling that certain documents were not protected by attorney-client privilege due to the waiver, while denying the motion regarding documents created after the waiver.

Who won?

Chevron Corporation prevailed in part, as the court ruled that the attorney-client privilege was waived and allowed for the production of certain documents.

Chevron Corporation prevailed in part, as the court ruled that the attorney-client privilege was waived and allowed for the production of certain documents.

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