(CN) - A lawyer who may be withholding documents subpoenaed by Chevron, which is challenging a $113 billion environmental lawsuit in Ecuador, must turn over mirror images of his hard drive, a federal judge ordered.
Over the last few months, New York courts have repeatedly ordered Steven Donziger to comply with Chevron's subpoenas. Donziger is an American lawyer who organized the multibillion dollar litigation that Chevron claims has been tainted by judicial misconduct.
"There is reason to believe that Donziger has not complied full and promptly with the subpoenas served upon him and with this court's orders that he do so," U.S. District Judge Lewis Kaplan wrote on Jan. 21.
A spokeswoman for the Ecuadorians suing Chevron denied the allegation, stating that Donziger has fully complied by producing thousands of documents and sitting for aggressive deposition.
"There comes a time when efforts to get information crosses the line to harassment and abuse of the litigation process," spokeswoman Karen Hinton said in an e-mail.
Donziger had challenged the subpoena by claiming his files are protected by attorney-client privilege, but the courts have found that the lawyer in large part waived that privilege and must turn over a substantial amount of material responsive to the subpoeana.
A spokesman for Chevron praised Kaplan's steps to ensure that Donziger complies with the subpoena.
"The notion that Mr. Donziger has been cooperative is defied by the factual record," Chevron spokesman Kent Robertson said in an e-mail.
Kaplan noted that Donziger first turned over just 20,000 files followed by another 87,080 documents, though the lawyer had told the court that enforcing the subpoena would require him to turn over 200,000 documents.
"Despite the belated additional production, there is evidence that at least suggests that Donziger may have erased or is withholding still other responsive documents," Kaplan wrote.
The Ecuadorians' spokeswoman noted that this too was inaccurate.
"Mr. Donziger has turned over the entire case file from this 17-year litigation, including thousands of documents and emails that normally is considered privileged," Hinton said. "He also sat for 11 days of depositions and testimony during which time he has been subject to tag team questioning by four different lawyers."
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