ACC applauds today's decision by the US Court of Appeals for the Second Circuit in Kiobel v. Cravath, Swaine & Moore, LLP.
The Association of Corporate Counsel (ACC) applauds today's decision by the US Court of Appeals for the Second Circuit in Kiobel v. Cravath, Swaine & Moore, LLP, a case in which ACC, with the US Chamber of Commerce and the National Association of Manufacturers, had filed an amicus curiae brief in 2017.
The Second Circuit ruling overturns the district court ruling. It adopts ACC's perspective on the importance of attorney-client confidentiality between a US law firm and foreign client. In the case, Esther Kiobel sought documents from Cravath, Swaine & Moore, LLP to support her suit in the Netherlands against Royal Dutch Shell. Cravath had represented Royal Dutch Shell in a 2002 US lawsuit also brought by Kiobel, and the firm had in its possession documents produced under a confidentiality order as part of that 2002 case. While the district court stated that Cravath should produce the documents to Kiobel, the Second Circuit today maintained that providing the documents would "jeopardize 'the policy of promoting open communications between lawyers and their clients.'"
"ACC welcomes the Second Circuit's ruling," said Mary Blatch, ACC associate general counsel & director of advocacy. "We agree with the court that compelling Cravath to produce Royal Dutch Shell's documents would severely chill attorney-client communications and set a disturbing precedent for future cases."
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 43,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.