Court Compels Production of ESI for a Period of 18 Years, Shifts Majority of Costs to Requesting Party : Electronic Discovery Law

Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc., 2010 WL 2640492 (D. Del. June 21, 2010)

Defendants sought production of electronically stored information for a period of 18 years – a significant departure from the default period of five years previously imposed.  Upon plaintiffs’ showing that retrieval of the additional data by a vendor would cost approximately $1 million to $1.5 million (not including the cost of review), the court found the information was “not reasonably accessible”.  However, the court also found that defendants had shown good cause to compel the requested production.

via Court Compels Production of ESI for a Period of 18 Years, Shifts Majority of Costs to Requesting Party : Electronic Discovery Law.

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U.S. Government’s FCPA Probe of Weatherford Expands

The federal government’s probe into Weatherford International Ltd’s dealings in foreign countries has burgeoned far beyond a simple bribe inquiry by the Securities and Exchange Commission. It is now a multi-agency civil and criminal investigation into allegations that Weatherford did business with terrorist-friendly countries that are under U.S. trade sanctions.

Weatherford is one of the world’s largest oilfield service companies, operating in over 100 countries.

In an unusual twist to the tale last year, Weatherford general counsel Burt Martin left his job in mid-probe, and the company decided to move its headquarters from Houston to Geneva, Switzerland. It still has U.S. operations in Houston.

The company conceded in its 10-Q financial report to the SEC on May 3 that the federal inquiry that began in 2006 has now grown to include the Department of Justice, the Department of Commerce’s Bureau of Industry & Security, and the U.S. Treasury’s Office of Foreign Assets Control. The latter two agencies handle matters of national security.

The report said the feds are looking at allegations on three fronts. They include Weatherford’s participation in the scandal-plagued Oil-for-Food program, the possible misuse of $175,000 at a European subsidiary for alleged bribes in violation of the Foreign Corrupt Practices Act, and the sales of services and products “in certain sanctioned countries.”

It specifically cited Cuba, Iran, Sudan, and Syria — four countries under U.S. sanctions due to their support of terrorism and/or violations of human rights.

The company said it is cooperating with the multi-faceted probe. The report said it has incurred $53 million in costs related to its exit from sanctioned countries and incurred $108 million for legal and professional fees in connection with the ongoing investigations.

via U.S. Government’s FCPA Probe of Weatherford Expands.

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Judges Quit BP Gulf Oil-Spill Suits Over Conflicts of Interest – BusinessWeek

BP Plc and Transocean Ltd. oil-spill lawsuits may be combined before a judge from outside the Gulf Coast states, because judges in the region are withdrawing from cases, citing conflicts of interest.

Six of 12 active judges in the federal judicial district based in New Orleans have removed themselves from spill-damage cases filed by fishermen, property owners and coastal businesses, according to a court official and court records. The judges found conflicts tied to oil investments or personal relationships with lawyers or companies involved.

“Plaintiffs have been informed that most or all of the judges in the district have a conflict and cannot preside” over the litigation, victims’ lawyers said in a request to a Washington judicial panel asking that all the cases be combined before one judge in the New Orleans district.

Federal judges in southern Alabama also have stepped aside from handling spill-damage cases, a court official there said.

Virtually all of more than 150 lawsuits over the spill are proposed class actions representing potentially thousands of claims against BP, owner of the offshore lease where the damaged well is located, and Transocean, which owned the Deepwater Horizon rig that exploded and sank in April.

Also named in the majority of the cases are Halliburton Energy Services, the Halliburton Co. unit that which provided cementing services, and Cameron International Corp., which supplied blowout-prevention equipment.

via Judges Quit BP Gulf Oil-Spill Suits Over Conflicts of Interest – BusinessWeek.

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