Judge Kaplan

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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 was whether the DOJ could sue a under statute covering frauds that affect a federally-insured institution, when the effects are alleged to be upon the defendant institution itself:
Continue Reading Judge Kaplan Largely Denies Motion to Dismiss DOJ Suit Relating to Bank of New York’s Foreign Exchange “Best Execution” Practices

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 judge, Alberto Guerra, who says he facilitated a $500,000 bribe to the judge who entered the judgment, Nicolás Zambrano.  Here is a sampling from Chevron’s brief:
Continue Reading Chevron Moves for Summary Judgment in Case Challenging $18 Billion Ecuadorian Judgment

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 compliance with the subpoena would cost between $6-8 million. Judge Kaplan found that it was likely Patton Boggs had discoverable material, including potentially material covered by the crime-fraud exception to attorney-client privilege, and that a wholesale quashing of the subpoena was not justified. He concluded that Patton Boggs’s concerns about the burden of compliance were best addressed after the parties determined the proper scope of the subpoena, and chided both sides for “extraordinary stubbornness” in not having attempted to negotiate terms in the first place:
Continue Reading Judge Kaplan Denies, Without Prejudice, Patton Boggs’s Motion to Quash Chevron Subpoena and Orders Parties to Confer “In Person”

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

In the RICO litigation Chevron has brought to challenge an allegedly fraudulent multibillion dollar judgment against it in Ecuador, Chevron has sought documents from Patton Boggs, counsel for Ecuadorian citizens (referred to as “Afectados”) trying to enforce the judgment. On Friday, Patton Boggs moved Judge Kaplan to quash the subpoena because of alleged “gamesmanship” and because Patton Boggs claims complying with the subpoena would cost $6-8 million and take over a year:
Continue Reading Patton Boggs Moves to Quash Chevron Subpoena That It Claims Would Cost $6-8 Million