Second Circuit amicus brief in support of Respondent-Appellant (Kiobel v. Cravath, Swaine & Moore, LLP) (17-424-cv)

SUMMARY

The International Commercial Disputes Committee (Richard L. Mattiaccio, Chair), with Sullivan & Cromwell LLP as pro bono counsel, filed an amicus brief in the Second Circuit in Kiobel v. Cravath, Swaine & Moore, LLP.  The Committee urges the court to reverse the district court’s order, which granted Petitioner-Appellee Kiobel’s petition for leave to issue a subpoena to Respondent-Appellant Cravath, Swaine & Moore (“Cravath”) for the production of documents under 28 U.S.C. § 1782 for use in a foreign proceeding and ordered Cravath to produce all responsive documents.  The documents had been produced by a foreign client to its New York counsel in a prior litigation and pursuant to a confidentiality agreement in which the parties (including Kiobel) had agreed that the documents would be used solely for that U.S. litigation.  The Committee argues that the district court’s order “threatens free and open communications between New York counsel and foreign clients,” because “if one could obtain foreign parties’ documents from their New York counsel who were engaged solely to provide legal counsel and representation, foreign parties would risk disclosure of previously protected matters any time they sought legal advice in New York.”