When Ecuadorean plaintiffs first sued Chevron Corporation over oil pollution 21 years ago, R. Hewitt Pate was a recent U.S. Supreme Court clerk reviewing documents in the warehouses of Virginia. With the passage of time, antitrust document review became the province of humble contract attorneys. Pate ascended to Chevron general counsel. And the Ecuador case kept going, and going, shifting at Chevron's behest from courts in the United States to Ecuador and then back. There was no doubt that Chevron...
The key is recognizing that prioritization is necessary but insufficient. The critical next step is triage. Medical staff in a crisis must decide who requires immediate assistance, who can wait, who doesn’t need help at all, and who’s past saving. Triage for the rest of us entails not just focusing on the items that are most important and deferring those that are less important until “later,” but actively ignoring the vast number of items whose importance falls below a certain threshold.
The...
Given that organizations often enter into several similar commercial agreements over time, corporate counsel often seek efficient means to streamline the drafting and negotiation of these agreements. When a buyer will be purchasing goods or services over time from a seller, a familiar approach is to put in place a master agreement that contains global terms under which individual statements of work (commonly referred to as “SOWs” or, alternatively, as work or service orders) may be executed for specific...
Rhonda Wasserman (University of Pittsburgh - School of Law) has posted Future Claimants and the Quest for Global Peace (Emory Law Journal, Vol. 64, 2014, Forthcoming) on SSRN. Here is the abstract:
In the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop. But the defendant’s interest in global peace is often unattainable in cases involving future claimants – those individuals who have already been exposed to a toxic material or defective...