United States Third Circuit

In an appeal of an order granting Chevron's application to engage in discovery for use in a proceeding in a foreign or international tribunal, pursuant to 28 U.S.C. section 1782(a), the District Court's decision is: 1) affirmed as to the grant of application where it applied the appropriate standards in considering Chevron's section 1782 application and correctly determined that the provision of documents to an Ecuadorian court-appointed expert to assess damages resulted in a waiver of any work-product protections and attorney-client privileges that might otherwise have precluded discovery of those documents; but 2) vacated as to the District Court's determination with respect to the crime-fraud exception to the attorney-client privilege.

Appellate Information

• Decided 02/03/2011
• Published 02/07/2011

Judges

• GREENBERG

Court

• United States Third Circuit

Counsel