Lewis A. Kaplan

For those of you who haven’t tuned out Jarndyce v. Jarndyce Chevron Corp. v. Donziger, the never-ending litigation between oil giant Chevron and plaintiffs’ lawyer Steven Donziger, today brings some news. It shouldn’t come as any surprise to those who have been following the case, but Judge Lewis Kaplan (S.D.N.Y.) just ruled in favor of Chevron, enjoining Donziger and his Ecuadorean-villager clients from trying to enforce here in the United States the multi-billion-dollar pollution judgment they secured against Chevron in Ecuador — a judgment that was the result of fraud, according to Judge Kaplan. (Links to coverage and to the parties’ reactions to the ruling appear at the end of this post.)

The Chevron/Ecuador case is one of those matters that’s most interesting to those who are actually involved in it; to the rest of us, it’s a lot of noise. Speaking for myself, I’m interested in only two aspects of it: (1) its impact on the revenue and profit of Gibson Dunn, which has been litigating the case aggressively on behalf of Chevron, and (2) its meaning for the deeply troubled law firm of Patton Boggs, which made the ill-advised decision to align itself with the Ecuadorean village people.

In a media call this afternoon that I joined, Chevron’s general counsel, R. Hewitt Pate, declined to discuss the size of the company’s legal fees in the litigation. So we’ll have to focus on that second item: the bog that is Patton Boggs. Which right now looks like the Lago Agrio oil field, prior to remediation….

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Under what circumstances would you see Gibson Dunn and Keker & Van Nest going up against each other? They’re two of the top litigation firms in the country, known for racking up victories in trial and appellate courts across the land. But they don’t come cheap.

Well, what if the issue was the enforceability of an $18 billion judgment, obtained in a foreign jurisdiction, that the plaintiffs are trying to enforce here in the United States? A highly questionable judgment, which the defendants are challenging on the grounds that it was the product of fraud and falsified evidence?

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