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Posts Tagged ‘Litigation’

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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Potent carcinogen contaminated drinking water used by millions, says report

Abigail Elise: National Curator. Apr 20, 2017

WASHINGTON — Shell Oil Co. and Dow Chemical hid a cancer-causing chemical in two commonly-used pesticides that contaminated the drinking water of millions of people in the state of California, according to lawsuits detailed in a report from the Environmental Working Group earlier this month. TCP, a poisonous insecticide gas, was used for decades in the pesticide Telone, made by Dow, and D-D, made by Shell.

FULL ARTICLE

Fresh Revelations of Alleged Shell Corruption to be Heard in Italian Court

Fresh Revelations of Alleged Shell Corruption to be Heard in Italian Court: Thursday, April 20, 2017

Court proceedings are due to begin in Italy today to determine whether oil giant Shell will face trial on corruption charges over the purchase of one of Africa’s most valuable oil blocks.

Italian prosecutors claim Shell and Italian oil major Eni concluded a deal for the rights to exploit the Nigerian deepwater oil block OPL 245 with knowledge that the money would fall into the hands of a convicted money-launderer and be turned into political kickbacks.

Shell and Eni embroiled in ‘unholy mess’ over Nigerian oil: FT: 20 April 2017

Shell and Eni are waiting to learn whether a judge will accept a request from a Milan prosecutor for the two companies and individuals — including Claudio Descalzi, chief executive of the Italian energy group — to face trial for alleged corruption.

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OPL 245: Milan Court Decision Day Tomorrow on Shell ENI

Tomorrow an Italian court is expected to make a decision on launching criminal proceedings against the oil giants ENI and Royal Dutch Shell in regards to the $1.3bn OPL 245 corruption scandal.

Two oil giants could face trial in Italy over Nigerian deal

OPL 245: Bernardus Cornelis Adriana Margriet Van Beurden

Extracts from Milan Prosecutors letter relating to Royal Dutch Shell and its current/former executives and employees.

Notification of completion of preliminary investigations Art. 415-bis of the Italian Code of Criminal Procedure The Public Prosecutor, having regard to the above criminal proceedings against

Royal Dutch Shell PLC with registered office in The Hague (Netherlands), at Carel Van Bylandtlaan, 30 legal representative pro tempore: Bernardus Cornelis Adriana Margriet Van Beurden, born in Roosendaal en Nispen on 23 April 1958 Defended by the lawyer Bruno Lorenzo Cova of the Court of Turin, and by the lawyer Francesca Petronio of the Court of Milan, with chambers at in Milan, Via Rovello, 1 With address for service at the Paul Hastings (Europe) LLP law firm in Milan, at Via Rovello, 1 for the crimes and administrative offences listed below:

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Shell’s litigation in the U.S. courts over misappropriated $1.4bn Nigerian oil

By John Donovan

Esther Kiobel, the widow of Shell Ogoni leader Dr Barinem Kiobel, spent over a decade pursuing litigation against Royal Dutch Shell in the USA courts for alleged complicity in his murder.

All of her efforts and those of her lawyers and all the evidence gathered from witnesses came to nought when the U.S. Supreme Court ruled in 2013 that Shell could not be sued in the in the U.S. courts for matters that happened in Nigeria.

Being a simple soul, not a lawyer, I am at a loss to understand how it is then that Shell is currently pursuing litigation against the Nigerian National Petroleum Corporation (“NNPC”) in the U.S. courts in relation to the sum of $1,416,932,000 (Yes, $1.4bn), plus interest and legal costs.

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Ben van Beurden distracted by a wiretapping incident

Extract from an email reply sent by John Donovan, 18 April 2017

Sorry, Sheikh Irfan Abdullah

If the Chief Executive of Royal Dutch Shell Plc cannot even be bothered to give you the courtesy of a response, there is nothing I can do other than publishing this correspondence, including your complaint. I guess he must have other matters to deal with that he considers more important. He has recently suffered the embarrassment of being caught in a wiretap intercept instructing a fellow Shell director to withhold any Shell internal evidence from police investigating a $1.3bn Nigerian corruption scandal in which Shell is a key player. Hence his distraction. Poor chap panicked after Shell HQ offices were raided. 

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Neal Katyal, the best justice money can buy

By John Donovan

Shell lawyers Cravath Swaine & Moore LLP have hired Neal Katyal, a senior partner at the global law firm Hogan Lovells, to represent them in litigation relating to Shell’s human rights abuses in Nigeria.

Mr Katyal is a busy man. On Monday he will be arguing a case before the U.S. Supreme Court. For the first time, it includes President Trump’s appointee Neil Gorsuch. Katyal endorsed Gorsuch’s nomination to the U.S. Supreme Court, testifying at his Senate Judiciary Committee confirmation hearing.

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Shell’s Nigerian Nightmare Continues

Latest salvo in Shell Nigerian discovery docs battle

By John Donovan

Over 100,000 Shell internal discovery documents relating to the oil giants murderous conduct in Nigeria were assembled by Shell several years ago.

This huge task was undertaken for the famous Kiobel v Royal Dutch Petroleum lawsuit in the USA alleging that Shell was complicit in the murder of Ogoni leaders, including Ken Saro-Wiwa and the beloved husband of Esther Kiobel, Dr. Barinem Kiobel.

In 2013, Shell’s lawyers Cravath Swaine & Moore LLP managed to scupper that litigation on legal jurisdiction grounds in a historic U.S. Supreme Court Decision. The pre-trial proceedings, which had lasted over a decade, came to an abrupt end before the allegations could be brought to trial. Shell cleverly escaped responsibility. The content of the discovery documents remained confidential and under Shell’s control.

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OPL 245: Shell admits it knew payments would go to convicted money launderer


SHELL U-TURN

Yesterday Global Witness and Finance Uncovered exposed leaked emails that revealed Shell knowingly participated in a vast bribery scheme for one of Africa’s most valuable oil blocks, which deprived Nigeria and its people of $1.1billion.

Global Witness’ investigations into the case have exposed how Shell’s most senior decision-makers knew that the money they paid for oil block OPL 245 would go to convicted money launderer and ex-Nigerian oil minister Dan Etete, via his Malabu company – rather than to benefit the Nigerian people. For six years, Shell has consistently denied any wrong-doing, saying it only paid the Nigerian government.

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OPL 245: I think Shell may be in a spot of bother

Postings extracted without his permission from the Facebook page of retired Shell executive Paddy Briggs…

This was actually on the 8:00am news on ! I think Joe Shell might be in a spot of bother.

I cannot comment on the latest allegations about Shell that are hitting the headlines – I would just say that they should be looked at in the context of the Company’s “Business Principles” :

http://www.shell.com/…/glob…/corporate/sgbp-english-2014.pdf

The Principles were introduced when I was an employee. I supported them but my colleagues will recall that I argued strongly that if they were not to be just PR Flimflam there had to be a conscious and internally regulated process to see that they were applied. When I looked at Corrib some years ago I concluded that if there was such a process it wasn’t working in this case. The latest news raises further questions.

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