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Posts under ‘Litigation’

Shell News Headlines 23 May 2017

Shell to sell C$4.1 billion stake in Canadian Natural -sources: REUTERS/DAILY MAIL: 23 May 2017

Royal Dutch Shell Plc has decided to offload a roughly C$4.1 billion ($3 billion) stake in Canadian Natural Resources Ltd (CNRL) that it acquired as part of a deal to retreat from Canada’s oil sands earlier this year, people familiar with the situation told Reuters.

Shell defeats activist uprising as it faces down rising climate concerns: THE TELEGRAPH: 23 MAY 2017

Royal Dutch Shell has convincingly defeated a climate activist uprising after facing down one of its most bitter stand-offs with shareholders over its climate goals. Around 94pc of shareholders voted down a special resolution calling for the oil giant to set and publish annual targets to reduce carbon emissions at its AGM in the Hague on Tuesday. The board also survived a vote on executive pay which was backed by 93pc of shareholders.

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Is Donny Ching all talk on Shell ethics?

If Shell is innocent of the allegations made by Ether Kiobel what is there to hide?

SENT BY EMAIL TO SHELL LEGAL DIRECTOR, DONNY CHING: FROM JOHN DONOVAN

Dear Mr Ching

You laid it on thick about Shell ethics and principles in your impressive speech: “FOLLOWING THE NORTH STAR: NAVIGATING COMPANIES TOWARDS A GOOD REPUTATION”

Extract

Nowadays, reputation is harder to win. And much easier to lose. In this context it is not enough to simply say: “Trust us.” Trust. Reputation. These are not simply messages to be broadcast. They are the outcomes that result from consistently ethical behaviour.

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Embarrassing facts Shell omitted from its history

Extract from page 10 (with our amendments in italics)

HISTORY

From 1907 until 2005, Royal Dutch Petroleum Company and The “Shell” Transport and Trading Company, p.l.c. were the two public parent companies of a group of companies known collectively as the “Royal Dutch/Shell Group”. In 2005, the Donovan’s beat us to the domain name “RoyalDutchShellGroup.com” and we lost a costly legal battle to seize it.

Operating activities were conducted through the subsidiaries of these parent companies. In 2005, Royal Dutch Shell plc became the single parent company of Royal Dutch Petroleum Company and of The “Shell” Transport and Trading Company, p.l.c., now The Shell Transport and Trading Company Limited. In 2005, the Donovan’s beat us to the domain name “RoyalDutchShellPlc.com” and we lost a costly legal battle to seize it. Royal Dutch Shell plc (the Company) is a public limited company registered in England and Wales and headquartered in The Hague, the Netherlands.

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SHELL LEGAL DIRECTOR COMMENTS ON OPL 245


I would like to share with you the history of Shell’s involvement in Oil Prospecting Licence (OPL) 245 offshore Nigeria. There has been a lot of media coverage recently on OPL 245 but the focus has been on the 2011 settlement and not the history and events leading up to the settlement. I will take you through a summary of facts and events relating to Shell’s involvement. Given that this matter is currently under investigation by various authorities, I will not comment on the specifics and regret that I cannot answer any questions on this today. However, I hope the information I share will help to clarify why certain Shell companies entered into the 2011 settlement and why we believe there has been no inappropriate conduct by any Shell company or its staff in this matter.

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EARTHQUAKE WARNING TO SHELL SHAREHOLDERS

The following information is taken directly from Shell’s Annual Report for the year ended December 31, 2016

RISK FACTORS

From page 14

Production from the Groningen field in the Netherlands continues to cause earthquakes that affect local communities.
Shell and ExxonMobil are 50:50 shareholders in Nederlandse Aardolie Maatschappij B.V. (NAM), which Shell operates. An important part of NAM’s gas production comes from the onshore Groningen gas eld, in which EBN, a Dutch government entity, has a 40% interest and NAM a 60% interest. Production from the Groningen eld has caused earthquakes in the past which are expected to continue. The earthquakes have caused damage to houses and other structures in the region and complaints from the local community. Additional earthquakes could have a material adverse effect on our earnings, cash ows and nancial condition. Since 2013, the Minister of Economic Affairs (Minister) has imposed a cap on production from the Groningen eld in order to reduce the impact of the earthquakes on the neighbouring communities. In September 2016, the Minister approved the production of 24 billion cubic metres per annum from the Groningen eld until October 1, 2021. At the request of the Dutch parliament, the Minister will review annually whether new circumstances have arisen that call for a further reduction of the production. The rst such annual review is expected by October 1, 2017.

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SHELL REPUTATIONAL RISKS

SHELL REPUTATIONAL RISKS

How fortunate that Shell has not got itself mired in any murky activity. e.g. paying hundreds of millions to a Nigerian crook, putting profits before safety with induced earthquakes in The Netherlands, terrorising safety staff in Norway, spying globally on its own employees, or engaging in widespread bribery and corruption in Ireland. None of that could possibly happen. Same applies to the oil and gas reserves fraud, which Donny Ching, to his credit, has not forgotten

The following information is taken directly from Shell’s Annual Report for the year ended December 31, 2016

From page 14

An erosion of our business reputation could have a material adverse effect on our brand, our ability to secure new resources and our licence to operate.

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CURRENT LITIGATION INVOLVING SHELL

The following information is taken directly from Shell’s Annual Report for the year ended December 31, 2016

PESTICIDE LITIGATION

Shell Oil Company (SOC), along with other agricultural chemical pesticide manufacturers and distributors, has been sued by public and quasi-public water purveyors alleging responsibility for groundwater contamination caused by applications of chemical pesticides. Most of these law suits assert various theories of strict liability and seek to recover actual damages, including water well treatment and remediation costs. All of the suits assert claims for punitive damages. There are approximately 30 such cases pending. Based on the claims asserted and SOC’s track record with regard to amounts paid to resolve varying claims, management does not expect that the outcome of these suits pending at December 31, 2016, will have a material impact on Shell, although no assurance can be provided.

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OPL 245: SHELL MI6 LOOSE CHATTER

Introduction by John Donovan

Published below are comments by Mr Bill Campbell, the retired HSE Group Auditor of Royal Dutch Shell. His remarks are in relation to the involvement of Shell and current?/former MI6 officers in the OPL 245 skulduggery currently involving multiple regulatory and legal authorities, including the Dutch Director of Public Prosecution and Dutch Police, the UK Serious Fraud Office, Italian and Nigerian Police and Prosecutors, the US Securities And Exchange Commission, and an investigation by the US Department of Justice under The Foreign Corrupt Practices Act.

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How Shell, Eni Got Enmeshed in $1 Billion Scandal

Royal Dutch Shell Plc and Eni SpA have become entangled in a $1.1 billion bribery scandal involving a field in Nigeria that could potentially hold enough crude to meet three months of the world’s demand. At least three countries are probing the companies, and Italian prosecutors have named Eni’s Chief Executive Officer Claudio Descalzi and Shell’s former head of exploration and production, Malcolm Brinded, among people who could be prosecuted. Nigeria’s anti-graft agency also filed charges against the companies in March.

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Selection of current Shell new articles

Nigeria Seizes Foreign Vessel for Alleged Theft of Shell Crude: Bloomberg: 27 April 2017

Nigeria detained a vessel with crew members from countries including Pakistan, Indonesia and Ukraine for alleged theft of crude from a facility owned by Royal Dutch Shell Plc, the navy said.

Bar, business groups back Cravath on fighting disclosure of Shell documents: Reuters 27 April 2017

The New York City Bar Association has joined the U.S. Chamber of Commerce in backing law firm Cravath Swaine & Moore in its appeal of an order to turn over documents belonging to client Royal Dutch Shell plc in a possible overseas lawsuit accusing the oil giant of facilitating human rights violations.

Shell Signs Oil Exploration Cooperation Deal In Oman: OilPrice.com: 26 April 2017

Royal Dutch Shell and Oman Oil Company Exploration & Production (OOCEP) have signed a Heads of Agreement for cooperation in resource exploration in an oil and gas block in Oman, the Omani company said on Twitter on Wednesday.

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Esther Kiobel vs money motivated hornets’ nest of 66,000 lawyers

By John Donovan

The battle in the US courts over Shell discovery documents was uneven from the start. Esther Kiobel versus Shell’s formidable US lawyers CRAVATH, SWAINE & MOORE, LLP. The Nigerian-born widow of a murdered Ogoni leader on one side, still fighting to put Shell on trial for complicity in his murder, and a giant law firm on the other, which since 2002, has been blocking her path to justice.

Nonetheless, a US Judge granted her recent petition for Cravath to hand over more than 100,000 Shell discovery documents stored in the USA so that Esther can use them in a pending action against Shell in the Netherlands. In response, Cravath hired another top law firm Hogan Lovells led by one of America’s top lawyers Neal Katyal to represent them in an appeal, thus becoming a battle between Esther Kiobel (now a US citizen) and two giant law firms. No doubt with the malevolent presence of Shell lurking behind the scenes pulling the strings.

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More analysis of wiretapped BvB/Simon Henry phone call

By Bill Campbell (Retired HSE Group Auditor Shell International)

I have read through the Ben van Beurden/Simon Henry phone transcript but frankly cannot understand the apparently relaxed attitude, with many chuckles and laughter on the phone.

It seems clear also that RDS had been or were still pursuing some kind of internal investigation into the matter.

They raised but then thought lightly it would seem, of the emails that are incriminating, as though these did not involve their own employees whether direct or indirect, ex MI6 etc.

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