"Cravath Wants Shell Docs Order Stayed During Appeal", 13 Feb 2017

Cravath Swaine & Moore LLP on Monday urged a New York federal judge to stay a[n]...order compelling the firm to turn over Royal Dutch Shell documents for planned litigation against the energy giant in the Netherlands...Kiobel plans to sue Shell in the Netherlands for alleged complicity with Nigerian authorities in alleged civil liberties and human rights violations against individuals who opposed Shell’s activities in the Ogoni region...Cravath, which defended Shell against similar suits in the U.S. and gathered a trove of documents...argues that U.S. District Judge...should stay his order...Cravath, which has been ordered to turn over the documents...contends there is no harm in staying the order while an appellate resolution is pending. The...firm contends it will suffer irreparable injury should it be required to produce the documents...Cravath argues that foreign firms will be disinclined to hire U.S. counsel for litigation matters if the judge’s order stands, given the scope of the discovery mandate...She contends...that obtaining the Shell documents will assist her planned litigation in the Netherlands...