Cravath Defeats Order to Hand Over Shell Docs for Dutch Case

Cravath, Swaine & Moore LLP doesn’t have to hand over Royal Dutch Shell’s documents to a woman who is suing the company in the Netherlands, a federal appeals court ruled July 10.

Esther Kiobel had sought documents that Cravath obtained while defending Shell in a U.S. lawsuit that involved similar allegations. That case, which was also brought by Kiobel, was ultimately dismissed by the U.S. Supreme Court for lack of jurisdiction.

“An order compelling American counsel to deliver documents that would not be discoverable abroad, and that are in counsel’s hands solely because they were sent to the United States ...