Tag Archives: Judge Kaplan

Copyright Lawyer Asks that Judge Kaplan Recuse Himself for Referring to Lawyer as “Troll”

In a motion this week, a lawyer representing photographers in copyright suits asked that Judge Kaplan recuse himself after a recent order observed that other judges in the District had referred to the lawyer as a “copyright troll.”  The order described the over one thousand cases filed by this particular lawyer as “strike suits, designed to … Continue Reading

Judge Kaplan: Plaintiff Who Live-Streamed Childbirth Must Pay News Networks’ Attorneys’ Fees for Dismissed Copyright Suit

In an opinion Wednesday, Judge Kaplan awarded attorneys’ fees to news networks that broadcast brief excerpts of the plaintiff’s live-streaming on Facebook of his partner’s childbirth.  Alongside the broadcasts, the networks offered “social commentary about the phenomenon of someone publicly live-streaming a life event that traditionally is considered personal.”  Judge Kaplan dismissed the plaintiff’s copyright claims on fair … Continue Reading

Judge Kaplan Denies Motion Challenging SEC Administrative Proceedings As Unfair

In an opinion today, Judge Kaplan denied the motion of CDO manager Harding Advisory and its principal Wing Chau to preliminarily enjoin SEC administrative proceedings against them.  The hearing has already been completed, but they await a decision that is expected next month.  As we reported in March, the plaintiffs initially moved to stay the … Continue Reading

New Suit Challenges Constitutionality of SEC Administrative Proceedings Based on ALJs’ Insulation From Executive Oversight

Attorneys at Skadden Arps and Post & Schell, on behalf of a client named Joseph Stilwell and his firm, today filed a complaint arguing that SEC administrative proceedings are unconstitutional: SEC administrative proceedings violate Article II of the U.S. Constitution, which states that the “executive Power shall be vested in a President of the United States of … Continue Reading

Judge Kaplan Allows Privilege Clawback; Notes Reviewers Can Err From “Too Many Hours in Front of a Computer”

In a discovery order dated yesterday, Judge Kaplan ruled (among other things) that Bank of New York Mellon could claw back a privileged email that it had inadvertently produced.  The order acknowledges the realities of large-scale document productions in which mistakes will be made “more often than desirable”: The fact that the document as originally … Continue Reading

Donziger Moves to Block Settlement Between Patton Boggs and Chevron

Last night, the attorney Steven Donziger and his Ecuadorian clients moved to block a $15 million settlement between Patton Boggs and Chevron.  Judge Kaplan ruled in March that Donziger fraudulently secured a multi-billion dollar judgment against Chevron relating to oil pollution in Ecuador.  Patton Boggs had previously represented the Ecuadorian plaintiffs.  The motion argues that … Continue Reading

CDO Manager Sues to Enjoin SEC Administrative Case Based on Inadequate Procedural Protections

In a complaint filed Tuesday, CDO manager Harding Advisory and its principal Wing Chau allege that the SEC violated their due process and equal protection rights by “shoehorning” a case against them into an administrative proceeding instead of suing in federal court.  The plaintiffs allege that an administrative hearing is wholly unsuitable for a complex case … Continue Reading

In Trial Win For Chevron, Judge Kaplan Tells Donziger: “It is time to face the facts”

Judge Kaplan issued a 485-page opinion this morning siding with Chevron in its long-running challenge to a $19 billion Ecuadorian judgment against it. From the introduction of the opinion: [T]he Court finds that Donziger began his involvement in this controversy with a desire to improve conditions in the area in which his Ecuadorian clients live. … Continue Reading

Defendants Move to Strike Chevron’s Star Witness in RICO Trial Over Ecuadorian Judgment

In the RICO litigation Chevron has brought to challenge an allegedly fraudulent multibillion dollar judgment against it in Ecuador, the defendants today moved to strike the testimony of an Ecuadorian judge who admitted to taking bribes from Chevron’s adversaries in the prior litigation in Ecuador. Chevron paid the judge to be relocated to the U.S., … Continue Reading

Judge Kaplan Largely Denies Motion to Dismiss DOJ Suit Relating to Bank of New York’s Foreign Exchange “Best Execution” Practices

Judge Kaplan today largely denied the Bank of New York’s motion to dismiss a DOJ civil lawsuit alleging that the bank promised its customers “best execution” of foreign exchange transactions but, in fact, maximized its own profit by giving customers the worst (or near worst) prices of the day.  A key question of first impression … Continue Reading

Chevron Moves for Summary Judgment in Case Challenging $18 Billion Ecuadorian Judgment

Yesterday, Chevron moved for summary judgment in its RICO and fraud case against a group of Ecuadoran citizens (called the “LAPs” in the papers) and a New York lawyer who allegedly procured an $18 billion judgment against Chevron through fraud.  (For more background, see prior posts here.)  The motion includes a declaration from an Ecuadorian … Continue Reading

Judge Kaplan Denies, Without Prejudice, Patton Boggs’s Motion to Quash Chevron Subpoena and Orders Parties to Confer “In Person”

In the RICO litigation Chevron has brought to challenge an allegedly fraudulent multibillion dollar judgment against it in Ecuador, Judge Kaplan today denied, without prejudice, the motion of Patton Boggs, counsel to certain Ecuadorian citizens trying to enforce the judgment, to quash a subpoena from Chevron. As we blogged before, Patton Boggs’s motion argued that … Continue Reading

Judge Kaplan Finds Fraud but Denies Chevron’s Motion Regarding Enforceability of $18 Billion Ecuadorian Judgment

On Tuesday, Judge Kaplan issued a 97-page decision granting in part and denying in part Chevron’s motion for partial summary judgment in the RICO litigation Chevron has brought challenging an allegedly fraudulent $18 billion dollar judgment against it in Ecuador under that country’s Environmental Management Act for “environmental harms to the community.”… Continue Reading