From:
Sent:
To:
Cc:
Subject:
Attachments:
Nicolas Economou [[email protected]]
Saturday, January 16, 2010 8:05 AM
Steven Donziger; John Wotowicz
Andrew Woods
RE: Final RFI letter
REVISED - RFI to Bartlit SRD Jan16.docx; REVISED - RFI to Killpatrick SRD Jan16.docx;
REVISED - RFI to Millberg SRD Jan16.docx; REVISED - RFI to Shinder SRD Jan16.docx
Steven
I have attached the four RFIs. Used your final version, which looks great, and included the names and addresses of the
respective firms. Only minor comment I would have is as follows: given your preference to personalize, consider
rephrasing the current sentence "Included with this letter is a CD (which I believe we already sent to your firm)" to
"Included with this letter is a copy of the CD, which we sent you previously, containing salient documentation reflecting
case history". All ofthese firms have the CD already so a personalized letter should perhaps reflect that. Note: the
attached RFT to Kilpatrick is the exact same as your final version but Tthought Twould just attach all RFTs to this e-mail.
If you can print them this morning, 1 would be pleased to meet somewhere (either at your place or mid-town), and then 1
will plan to go to the office, where the disks and Fedex labcls are and send out the four letters.
On a similar note, how do we want to deal with Patton Boggs? Do we want to do something like what John was
suggesting for Joe Jamail, given the seniority of Tyrell and the relationship with Selvyn? For example, let Selvyn have a
copy of the RFI and tell him that this is the information we need to obtain and seek his (Selvyn's) input on how to
proceed? I think we can both make clear that this info is necessary, but also be respectful of his relationship with Tyrell by
including him this process.
Please let me know,
Nicolas
Nicolas Economou
H5
340 Madison Avenue
New York, NY 10017
71 Stevenson Street
San Francisco, CA 94105
main: (212) 818 1600
direct: (917) 4758612
mobile: (415) 867-7511
[email protected]
www.h5.com
From: Steven Donziger [mailto:[email protected]]
Sent: Saturday, January 16, 20109:21 AM
To: Nicolas Economou; John Wotowicz
Cc: Andrew Woods
Subject: Final RFI letter
I made a few final edits, as follows:
1) I personalized the letter at the top ... I need to do this slightly differently for each firm. It feels a little
PLAINTIFF’S
EXHIBIT
1208
11 Civ. 0691 (LAK)
Plaintiff's Exhibit 1208 p. 1 of 22
DONZ00125360 Page 1 of 2
awkward otherwise since I have had contact with many of these people. The attached is appropriate for
Kilpatrick only;
2) I added a final assumption -- that the case will be immediately enforceable, even if Chevron appeals in
Ecuador, and T slightly changed the dates of the proceedings in Ecuador;
3) I tweaked a few other things in the addendum (took out "high-level" and added line about including as much
detail as reasonably possible).
If this is acceptable and if it meets all concerns, let's roll with it. The only question is logistical, as I need to
personalize the letters for at least some of our targets, and print from here. Ifwe want to do this today, we
probably need to meet at the latest noon, or I could print here and then bring to Nicolas later today. Or, we
could send out Monday.
PIs advise.
SRD
Steven Donziger
212-570-4499 (land)
212-409-8628 (fax)
917-566-2526 (cell)
Steven R. Donziger
Law Offices of Steven R. Donziger, P. C.
245 W. 104th St., #7D
New York, New York 10025
Email: [email protected]
ATTENTION: DO NOT read, copy or disseminate this communication unless you are the intended addressee. This
message and any file(s) or attachment(s) transmitted with it are confidential, intended only for the named recipient, and
may contain information that is a trade secret, proprietary, protected by the attorney work product doctrine, subject to the
attorney-client privilege, or is otherwise protected against unauthorized use or disclosure. This message and any file(s) or
attachment(s) transmitted with it are transmitted based on a reasonable expectation of privacy consistent with ABA
Formal Opinion No. 99-413. If you have received this communication in error, please e-mail the sender and notify the
sender immediately that you have received the communication in error. Thank you.
DONZ00125360 Page 2 of 2
Plaintiff's Exhibit 1208 p. 2 of 22
January 16,2010
Mark S. Ouweleen
Bartlit Beck Herman Palenchar & Scott LLP
Courthouse Place
54 West Hubbard Street, Suite 300
Chicago, IL 60654
Dear Mark:
Thank you so much for your firm's consideration of the opportunity to join the team litigating
against Chevron over responsibility for the clean-up of toxic waste in Ecuador's Amazon. It has
been a pleasure getting to know you via our conversations up to this point, and I look forward to
receiving the information requested.
As you know, I am a legal advisor to the plaintiffs in the prosecution of Aguinda v.
ChevronTexaco, currently being tried in Lago Agrio, Ecuador. On behalf of the clients, I am
seeking one or more law firms to augment our legal team in anticipation of an enforcement action
of an Ecuadorian court judgment against Chevron. As I mentioned in our conversations, we
believe this judgment will be substantial.
In this matter, the engaged firm would, in consultation with me and other lawyers working on the
existing team, be responsible for all work necessary to enforce an anticipated Ecuadorian
judgment against defendants in order to recover the judgment in full. This work would include,
but not be limited to, legal advice and drafting in connection with submissions to the Ecuadorian
trial and appellate courts; legal research; identification, hiring, and preparation of experts;
briefing and presentation of witnesses in courts in the USA and other appropriate jurisdictions;
and legal advice, drafting and court appearances regarding judgment collection. It might also
involve defending actions Chevron has initiated or could initiate before various adjudicatory
bodies so as to broaden the playing field, such as an international arbitration action against
Ecuador's government (under the U.S.-Ecuador bilateral investment treaty).
It likely will
involve regular travel to Ecuador as well to work with the local legal team.
In order to help my finn and our Ecuadorian clients make a well-informed decision, we are
asking a very select group of firms that we think could bring expertise and value to our clients to
provide certain information, detailed in the attached addendum, to us in writing by February 1.
Weare then asking that representatives of these finns meet with us during the week of February 8
to discuss the written responses as well as other information and insights regarding the case. We
have a lot of respect for your firm and its accomplishments, and we encourage you to participate
in this process.
Included with this letter is a CD (which I believe we already sent to your firm) containing salient
documentation reflecting case history. We are also happy to provide you with the opportunity to
schedule another conference call with us to answer any questions you might have in advance of
the February 1 written submission date.
We envision the following complete time line :
Information request sent
Optional information call
Beginning January 15, 2010
Week ofJanuary 25,2010
Privileged and Confidential
1
DONZ00125361 Page 1 of 5
Plaintiff's Exhibit 1208 p. 3 of 22
Written response submission date
In person meetings
Final decision
February 1, 2010
Week ~fFebruary 8,2010
February 17, 2010
Once again, I appreciate your interest in this matter and look forward to discussing your proposal
and your firm's capabilities with you.
Sincerely,
Steven Donziger
Privileged and Confidential
2
DONZ00125361 Page 2 of 5
Plaintiff's Exhibit 1208 p. 4 of 22
Addendum: Information Request
We recognize that your responses may be subject to certain assumptions related to the duration
and complexity of the case. Please provide any such assumptions, in particular as they affect staff
and budgets. We will treat the information you provide as confidential.
Please respond to the following questions using these basic assumptions:
Assume, for planning purposes, that
• the trial court in Ecuador is acccpting post trial submissions until April 2010.
• the trial court in Ecuador will issue a substantial (potentially multi-billion dollar)
judgment in favor of the plaintiffs this Summer or in the early Fall;
• the defendant will appeal to the intermediate and highest appellate courts in Ecuador, but
that the trial court judgment will be affirmed.
• an immediate enforcement action of a trial judgment in Ecuador will be legally viable,
even if Chevron appeals in Ecuador.
Strategy
1.
Please provide a work plan, with anticipated time line, of the strateg(ies) your firm would
most likely pursue, either in the US or internationally, based on the possible scenarios
that may result from the current situation as you understand it. Please include public
relations or public affairs strategies, if any. We would appreciate as much detail as
reasonably possible at this time.
Expertise
2. Please describe the legal expertise and staffing within yourfirm and outside yourfirm that
you propose for executing the strateg(ies) described. Please describe any non-legal
expertise that you feel would be required to achieve the optimal outcome.
Include:
a. Name, title, location and expected role of key partners assigned to the case
b. Anticipated number and function of other legal professionals assigned to the case
c. Anticipated number and function ofthird party experts, consultants, or other non-legal
professionals (please provide names and resumes if possible at this time)
Case Management Structure
3. Describe the organizational and case management structure you would foresee for this
matter.
Budget
4. Please provide the following information for both your firm/professionals as well as any
firms/professionals that you would propose to engage from outside of your firm:
a. Billable rates for partners, associates and paralegals
b. Anticipated monthly, annual, and total budget for legal fees and expenses for this
matter (including legal fees and expenses
c. Firm policy with respect to billing overhead, secretarial, or communication expenses
d. Firm policy with respect to billing travel time
e. Expected monthly, annual and total budget for non-legal fees and expenses for this
matter
Privileged and Confidential
3
DONZ00125361 Page 3 of 5
Plaintiff's Exhibit 1208 p. 5 of 22
f.
Expected monthly, annual and total budget for expert fees and expenses for this
matter
Alternative fee structure and financing
5. Whereas we do not preclude the possibility of entering into an ordinary hourly fee
arrangement with the selected law firm(s), our clients are strongly interested in
alternative and contingent fee structures. Please provide as specific a proposal as possible
with respect to the following alternative fee structures. Please propose a fee
structure/financial proposal that includes all legal, non-legal, expert, overhead,
secretarial, communication, travel and other fees and expenses that you expect to be
incurred both within your firm as well as for any firms/professionals/services that you
would propose to engage from outside of you firm.
o Fixed monthly fee
• Amount of monthly fee
• Any limitations or exclusions
o Partial contingency (your firm would fund part of your finn's fees and expenses)
• Proposed contingency as percent of legal fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
o Full contingency (your firm would fund all case fees and expenses, including Ecuador
legal team, public relations, shareholder work, etc.)
• Proposed contingency as percent oflega! fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
Differentiation
6. Please provide any supplemental information that may help us understand what skills,
expertise, experience or resources specifically differentiate you from your peer firms, and
how these elements will maximize our clients' outcomes in this specific matter.
Conflicts
7.
Please note any situation or circumstance that could present a conflict of interest or affect
your firm's ability to perform the services reasonably anticipated to be a part of this
engagement.
Delivery Information
Deliverv information
Information should be submitted in electronic format to [email protected].
Privileged and Confidential
4
DONZ00125361 Page 4 of 5
Plaintiff's Exhibit 1208 p. 6 of 22
In addition, please provide three hardcopies by Express Mail or messenger to the following
address:
H5
340 Madison Avenue, 12th Floor
New York, NY 10173
Attention: Daniel Tobias
Privileged and Confidential
5
DONZ00125361 Page 5 of 5
Plaintiff's Exhibit 1208 p. 7 of 22
January 16,2010
Alexander M. Bullock
Kilpatrick Stockton LLP
Suite 900
607 14th Street, NW
Washington, DC 20005-2018
Dear Alex:
Thank you so much for your firm's consideration of the opportunity to join the team litigating
against Chevron over responsibility for the clean-up of toxic waste in Ecuador's Amazon. It has
been a pleasure getting to know you via our conversations up to this point, and I look forward to
receiving the information requested.
As you know, I am a legal advisor to the plaintiffs in the prosecution of Aguinda v.
ChevronTexaco, currently being tried in Lago Agrio, Ecuador. On behalf of the clients, I am
seeking one or more law firms to augment our legal team in anticipation of an enforcement action
of an Ecuadorian court judgment against Chevron. As I mentioned in our conversations, we
believe this judgment will be substantial.
In this matter, the engaged firm would, in consultation with me and other lawyers working on the
existing team, be responsible for all work necessary to enforce an anticipated Ecuadorian
judgment against defendants in order to recover the judgment in full. This work would include,
but not be limited to, legal advice and drafting in connection with submissions to the Ecuadorian
trial and appellate courts; legal research; identification, hiring, and preparation of experts;
briefing and presentation of witnesses in courts in the USA and other appropriate jurisdictions;
and legal advice, drafting and court appearances regarding judgment collection. It might also
involve defending actions Chevron has initiated or could initiate before various adjudicatory
bodies so as to broaden the playing field, such as an international arbitration action against
Ecuador's government (under the U.S.-Ecuador bilateral investment treaty).
It likely will
involve regular travel to Ecuador as well to work with the local legal team.
In order to help my finn and our Ecuadorian clients make a well-informed decision, we are
asking a very select group of firms that we think could bring expertise and value to our clients to
provide certain information, detailed in the attached addendum, to us in writing by February 1.
Weare then asking that representatives of these finns meet with us during the week of February 8
to discuss the written responses as well as other information and insights regarding the case. We
have a lot of respect for your firm and its accomplishments, and we encourage you to participate
in this process.
Included with this letter is a CD (which I believe we already sent to your firm) containing salient
documentation reflecting case history. We are also happy to provide you with the opportunity to
schedule another conference call with us to answer any questions you might have in advance of
the February 1 written submission date.
We envision the following complete time line :
Information request sent
Optional information call
Beginning January 15, 2010
Week ofJanuary 25,2010
Privileged and Confidential
1
DONZ00125362 Page 1 of 5
Plaintiff's Exhibit 1208 p. 8 of 22
Written response submission date
In person meetings
Final decision
February 1, 2010
Week ~fFebruary 8,2010
February 17, 2010
Once again, I appreciate your interest in this matter and look forward to discussing your proposal
and your firm's capabilities with you.
Sincerely,
Steven Donziger
Privileged and Confidential
2
DONZ00125362 Page 2 of 5
Plaintiff's Exhibit 1208 p. 9 of 22
Addendum: Information Request
We recognize that your responses may be subject to certain assumptions related to the duration
and complexity of the case. Please provide any such assumptions, in particular as they affect staff
and budgets. We will treat the information you provide as confidential.
Please respond to the following questions using these basic assumptions:
Assume, for planning purposes, that
• the trial court in Ecuador is acccpting post trial submissions until April 2010.
• the trial court in Ecuador will issue a substantial (potentially multi-billion dollar)
judgment in favor of the plaintiffs this Summer or in the early Fall;
• the defendant will appeal to the intermediate and highest appellate courts in Ecuador, but
that the trial court judgment will be affirmed.
• an immediate enforcement action of a trial judgment in Ecuador will be legally viable,
even if Chevron appeals in Ecuador.
Strategy
1.
Please provide a work plan, with anticipated time line, of the strateg(ies) your firm would
most likely pursue, either in the US or internationally, based on the possible scenarios
that may result from the current situation as you understand it. Please include public
relations or public affairs strategies, if any. We would appreciate as much detail as
reasonably possible at this time.
Expertise
2. Please describe the legal expertise and staffing within yourfirm and outside yourfirm that
you propose for executing the strateg(ies) described. Please describe any non-legal
expertise that you feel would be required to achieve the optimal outcome.
Include:
a. Name, title, location and expected role of key partners assigned to the case
b. Anticipated number and function of other legal professionals assigned to the case
c. Anticipated number and function ofthird party experts, consultants, or other non-legal
professionals (please provide names and resumes if possible at this time)
Case Management Structure
3. Describe the organizational and case management structure you would foresee for this
matter.
Budget
4. Please provide the following information for both your firm/professionals as well as any
firms/professionals that you would propose to engage from outside of your firm:
a. Billable rates for partners, associates and paralegals
b. Anticipated monthly, annual, and total budget for legal fees and expenses for this
matter (including legal fees and expenses
c. Firm policy with respect to billing overhead, secretarial, or communication expenses
d. Firm policy with respect to billing travel time
e. Expected monthly, annual and total budget for non-legal fees and expenses for this
matter
Privileged and Confidential
3
DONZ00125362 Page 3 of 5
Plaintiff's Exhibit 1208 p. 10 of 22
f.
Expected monthly, annual and total budget for expert fees and expenses for this
matter
Alternative fee structure and financing
5. Whereas we do not preclude the possibility of entering into an ordinary hourly fee
arrangement with the selected law firm(s), our clients are strongly interested in
alternative and contingent fee structures. Please provide as specific a proposal as possible
with respect to the following alternative fee structures. Please propose a fee
structure/financial proposal that includes all legal, non-legal, expert, overhead,
secretarial, communication, travel and other fees and expenses that you expect to be
incurred both within your firm as well as for any firms/professionals/services that you
would propose to engage from outside of you firm.
o Fixed monthly fee
• Amount of monthly fee
• Any limitations or exclusions
o Partial contingency (your firm would fund part of your finn's fees and expenses)
• Proposed contingency as percent of legal fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
o Full contingency (your firm would fund all case fees and expenses, including Ecuador
legal team, public relations, shareholder work, etc.)
• Proposed contingency as percent oflega! fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
Differentiation
6. Please provide any supplemental information that may help us understand what skills,
expertise, experience or resources specifically differentiate you from your peer firms, and
how these elements will maximize our clients' outcomes in this specific matter.
Conflicts
7.
Please note any situation or circumstance that could present a conflict of interest or affect
your firm's ability to perform the services reasonably anticipated to be a part of this
engagement.
Delivery Information
Deliverv information
Information should be submitted in electronic format to [email protected].
Privileged and Confidential
4
DONZ00125362 Page 4 of 5
Plaintiff's Exhibit 1208 p. 11 of 22
In addition, please provide three hardcopies by Express Mail or messenger to the following
address:
H5
340 Madison Avenue, 12th Floor
New York, NY 10173
Attention: Daniel Tobias
Privileged and Confidential
5
DONZ00125362 Page 5 of 5
Plaintiff's Exhibit 1208 p. 12 of 22
January 16,2010
Peter Safirstein
Milberg LLP
One Pennsylvania Plaza
New York, N ew York 10119
Dear Peter:
Thank you so much for your firm's consideration of the opportunity to join the team litigating
against Chevron over responsibility for the clean-up of toxic waste in Ecuador's Amazon. It has
been a pleasure getting to know you via our conversations up to this point, and I look forward to
receiving the information requested.
As you know, I am a legal advisor to the plaintiffs in the prosecution of Aguinda v.
ChevronTexaco, currently being tried in Lago Agrio, Ecuador. On behalf of the clients, I am
seeking one or more law firms to augment our legal team in anticipation of an enforcement action
of an Ecuadorian court judgment against Chevron. As I mentioned in our conversations, we
believe this judgment will be substantial.
In this matter, the engaged firm would, in consultation with me and other lawyers working on the
existing team, be responsible for all work necessary to enforce an anticipated Ecuadorian
judgment against defendants in order to recover the judgment in full. This work would include,
but not be limited to, legal advice and drafting in connection with submissions to the Ecuadorian
trial and appellate courts; legal research; identification, hiring, and preparation of experts;
briefing and presentation of witnesses in courts in the USA and other appropriate jurisdictions;
and legal advice, drafting and court appearances regarding judgment collection. It might also
involve defending actions Chevron has initiated or could initiate before various adjudicatory
bodies so as to broaden the playing field, such as an international arbitration action against
Ecuador's government (under the U.S.-Ecuador bilateral investment treaty).
It likely will
involve regular travel to Ecuador as well to work with the local legal team.
In order to help my firm and our Ecuadorian clients make a well-informed decision, we are
asking a very select group of finns that we think could bring expertise and value to our clients to
provide certain information, detailed in the attached addendum, to us in writing by February 1.
Weare then asking that representatives of these finns meet with us during the week of February 8
to discuss the written responses as well as other information and insights regarding the case. We
have a lot of respect for your firm and its accomplishments, and we encourage you to participate
in this process.
Included with this letter is a CD (which I believe we already sent to your firm) containing salient
documentation reflecting case history. We are also happy to provide you with the opportunity to
schedule another conference call with us to answer any questions you might have in advance of
the February 1 written submission date.
We envision the following complete timeline:
Information request sent
Optional information call
Written response submission date
Beginning January 15, 2010
Week ofJanuary 25, 2010
February 1, 2010
Privileged and Confidential
1
DONZ00125363 Page 1 of 5
Plaintiff's Exhibit 1208 p. 13 of 22
In person meetings
Final decision
Week of February 8,2010
February 17, 2010
Once again, I appreciate your interest in this matter and look forward to discussing your proposal
and your firm's capabilities with you.
Sincerely,
Steven Donziger
Privileged and Confidential
2
DONZ00125363 Page 2 of 5
Plaintiff's Exhibit 1208 p. 14 of 22
Addendum: Information Request
We recognize that your responses may be subject to certain assumptions related to the duration
and complexity of the case. Please provide any such assumptions, in particular as they affect staff
and budgets. We will treat the information you provide as confidential.
Please respond to the following questions using these basic assumptions:
Assume, for planning purposes, that
• the trial court in Ecuador is acccpting post trial submissions until April 2010.
• the trial court in Ecuador will issue a substantial (potentially multi-billion dollar)
judgment in favor of the plaintiffs this Summer or in the early Fall;
• the defendant will appeal to the intermediate and highest appellate courts in Ecuador, but
that the trial court judgment will be affirmed.
• an immediate enforcement action of a trial judgment in Ecuador will be legally viable,
even if Chevron appeals in Ecuador.
Strategy
1.
Please provide a work plan, with anticipated time line, of the strateg(ies) your firm would
most likely pursue, either in the US or internationally, based on the possible scenarios
that may result from the current situation as you understand it. Please include public
relations or public affairs strategies, if any. We would appreciate as much detail as
reasonably possible at this time.
Expertise
2. Please describe the legal expertise and staffing within yourfirm and outside yourfirm that
you propose for executing the strateg(ies) described. Please describe any non-legal
expertise that you feel would be required to achieve the optimal outcome.
Include:
a. Name, title, location and expected role of key partners assigned to the case
b. Anticipated number and function of other legal professionals assigned to the case
c. Anticipated number and function ofthird party experts, consultants, or other non-legal
professionals (please provide names and resumes if possible at this time)
Case Management Structure
3. Describe the organizational and case management structure you would foresee for this
matter.
Budget
4. Please provide the following information for both your firm/professionals as well as any
firms/professionals that you would propose to engage from outside of your firm:
a. Billable rates for partners, associates and paralegals
b. Anticipated monthly, annual, and total budget for legal fees and expenses for this
matter (including legal fees and expenses
c. Firm policy with respect to billing overhead, secretarial, or communication expenses
d. Firm policy with respect to billing travel time
e. Expected monthly, annual and total budget for non-legal fees and expenses for this
matter
Privileged and Confidential
3
DONZ00125363 Page 3 of 5
Plaintiff's Exhibit 1208 p. 15 of 22
f.
Expected monthly, annual and total budget for expert fees and expenses for this
matter
Alternative fee structure and financing
5. Whereas we do not preclude the possibility of entering into an ordinary hourly fee
arrangement with the selected law firm(s), our clients are strongly interested in
alternative and contingent fee structures. Please provide as specific a proposal as possible
with respect to the following alternative fee structures. Please propose a fee
structure/financial proposal that includes all legal, non-legal, expert, overhead,
secretarial, communication, travel and other fees and expenses that you expect to be
incurred both within your firm as well as for any firms/professionals/services that you
would propose to engage from outside of you firm.
o Fixed monthly fee
• Amount of monthly fee
• Any limitations or exclusions
o Partial contingency (your firm would fund part of your finn's fees and expenses)
• Proposed contingency as percent of legal fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
o Full contingency (your firm would fund all case fees and expenses, including Ecuador
legal team, public relations, shareholder work, etc.)
• Proposed contingency as percent oflega! fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
Differentiation
6. Please provide any supplemental information that may help us understand what skills,
expertise, experience or resources specifically differentiate you from your peer firms, and
how these elements will maximize our clients' outcomes in this specific matter.
Conflicts
7.
Please note any situation or circumstance that could present a conflict of interest or affect
your firm's ability to perform the services reasonably anticipated to be a part of this
engagement.
Delivery Information
Deliverv information
Information should be submitted in electronic format to [email protected].
Privileged and Confidential
4
DONZ00125363 Page 4 of 5
Plaintiff's Exhibit 1208 p. 16 of 22
In addition, please provide three hardcopies by Express Mail or messenger to the following
address:
H5
340 Madison Avenue, 12th Floor
New York, NY 10173
Attention: Daniel Tobias
Privileged and Confidential
5
DONZ00125363 Page 5 of 5
Plaintiff's Exhibit 1208 p. 17 of 22
January 16,2010
Jeffrey 1. Shinder
Constantine Cannon LLP
450 Lexington Ave.
NcwYork, NY. 10017
Dear Jeff:
Thank you so much for your finn's consideration of the opportunity to join the team litigating
against Chevron over responsibility for the clean-up of toxic waste in Ecuador's Amazon. It has
been a pleasure getting to know you via our conversations up to this point, and I look forward to
receiving the information requested.
As you know, I am a legal advisor to the plaintiffs in the prosecution of Aguinda v.
Chevron Texaco, currently being tried in Lago Agrio, Ecuador. On behalf of the clients, I am
seeking one or more law firms to augment our legal team in anticipation of an enforcement action
of an Ecuadorian court judgment against Chevron. As I mentioned in our conversations, we
believe this judgment will be substantial.
In this matter, the engaged firm would, in consultation with me and other lawyers working on the
existing team, be responsible for all work necessary to enforce an anticipated Ecuadorian
judgment against defendants in order to recover the judgment in full. This work would include,
but not be limited to, legal advice and drafting in connection with submissions to the Ecuadorian
trial and appellate courts; legal research; identification, hiring, and preparation of experts;
briefing and presentation of witnesses in courts in the USA and other appropriate jurisdictions;
and legal advice, drafting and court appearances regarding judgment collection. It might also
involve defending actions Chevron has initiated or could initiate before various adjudicatory
bodies so as to broaden the playing field, such as an international arbitration action against
Ecuador's government (under the U.S.-Ecuador bilateral investment treaty).
It likely will
involve regular travel to Ecuador as well to work with the local legal team.
In order to help my firm and our Ecuadorian clients make a well-informed decision, we are
asking a very select group of firms that we think could bring expertise and value to our clients to
provide certain information, detailed in the attached addendum, to us in writing by February 1.
Weare then asking that representatives of these finns meet with us during the week of February 8
to discuss the written responses as well as other information and insights regarding the case. We
have a lot of respect for your firm and its accomplishments, and we encourage you to participate
in this process.
Included with this letter is a CD (which I believe we already sent to your firm) containing salient
documentation reflecting case history. We are also happy to provide you with the opportunity to
schedule another conference call with us to answer any questions you might have in advance of
the February 1 written submission date.
We envision the following complete time line :
Information request sent
Optional information call
Written response submission date
Beginning January 15, 2010
Week ofJanuary 25,2010
February 1, 2010
Privileged and Confidential
1
DONZ00125364 Page 1 of 5
Plaintiff's Exhibit 1208 p. 18 of 22
In person meetings
Final decision
Week of February 8,2010
February 17, 2010
Once again, I appreciate your interest in this matter and look forward to discussing your proposal
and your firm's capabilities with you.
Sincerely,
Steven Donziger
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Plaintiff's Exhibit 1208 p. 19 of 22
Addendum: Information Request
We recognize that your responses may be subject to certain assumptions related to the duration
and complexity of the case. Please provide any such assumptions, in particular as they affect staff
and budgets. We will treat the information you provide as confidential.
Please respond to the following questions using these basic assumptions:
Assume, for planning purposes, that
• the trial court in Ecuador is acccpting post trial submissions until April 2010.
• the trial court in Ecuador will issue a substantial (potentially multi-billion dollar)
judgment in favor of the plaintiffs this Summer or in the early Fall;
• the defendant will appeal to the intermediate and highest appellate courts in Ecuador, but
that the trial court judgment will be affirmed.
• an immediate enforcement action of a trial judgment in Ecuador will be legally viable,
even if Chevron appeals in Ecuador.
Strategy
1.
Please provide a work plan, with anticipated time line, of the strateg(ies) your firm would
most likely pursue, either in the US or internationally, based on the possible scenarios
that may result from the current situation as you understand it. Please include public
relations or public affairs strategies, if any. We would appreciate as much detail as
reasonably possible at this time.
Expertise
2. Please describe the legal expertise and staffing within yourfirm and outside yourfirm that
you propose for executing the strateg(ies) described. Please describe any non-legal
expertise that you feel would be required to achieve the optimal outcome.
Include:
a. Name, title, location and expected role of key partners assigned to the case
b. Anticipated number and function of other legal professionals assigned to the case
c. Anticipated number and function ofthird party experts, consultants, or other non-legal
professionals (please provide names and resumes if possible at this time)
Case Management Structure
3. Describe the organizational and case management structure you would foresee for this
matter.
Budget
4. Please provide the following information for both your firm/professionals as well as any
firms/professionals that you would propose to engage from outside of your firm:
a. Billable rates for partners, associates and paralegals
b. Anticipated monthly, annual, and total budget for legal fees and expenses for this
matter (including legal fees and expenses
c. Firm policy with respect to billing overhead, secretarial, or communication expenses
d. Firm policy with respect to billing travel time
e. Expected monthly, annual and total budget for non-legal fees and expenses for this
matter
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Plaintiff's Exhibit 1208 p. 20 of 22
f.
Expected monthly, annual and total budget for expert fees and expenses for this
matter
Alternative fee structure and financing
5. Whereas we do not preclude the possibility of entering into an ordinary hourly fee
arrangement with the selected law firm(s), our clients are strongly interested in
alternative and contingent fee structures. Please provide as specific a proposal as possible
with respect to the following alternative fee structures. Please propose a fee
structure/financial proposal that includes all legal, non-legal, expert, overhead,
secretarial, communication, travel and other fees and expenses that you expect to be
incurred both within your firm as well as for any firms/professionals/services that you
would propose to engage from outside of you firm.
o Fixed monthly fee
• Amount of monthly fee
• Any limitations or exclusions
o Partial contingency (your firm would fund part of your finn's fees and expenses)
• Proposed contingency as percent of legal fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
o Full contingency (your firm would fund all case fees and expenses, including Ecuador
legal team, public relations, shareholder work, etc.)
• Proposed contingency as percent oflega! fees and expenses
• Any limitations or exclusions
• Desired return on contingency (including any "kickers" or forfeitures for
outcomes deviating from the "base case favorable outcome," as may be defined
in the future).
Differentiation
6. Please provide any supplemental information that may help us understand what skills,
expertise, experience or resources specifically differentiate you from your peer firms, and
how these elements will maximize our clients' outcomes in this specific matter.
Conflicts
7.
Please note any situation or circumstance that could present a conflict of interest or affect
your firm's ability to perform the services reasonably anticipated to be a part of this
engagement.
Delivery Information
Deliverv information
Information should be submitted in electronic format to [email protected].
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Plaintiff's Exhibit 1208 p. 21 of 22
In addition, please provide three hardcopies by Express Mail or messenger to the following
address:
H5
340 Madison Avenue, 12th Floor
New York, NY 10173
Attention: Daniel Tobias
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Plaintiff's Exhibit 1208 p. 22 of 22