NYC judge orders filmmaker deposed in Chevron case
By Larry Neumeister
NEW YORK (AP) --A judge ordered a documentary filmmaker Tuesday to face questions from Chevron lawyers to see if he can provide further inside information regarding a legal fight between Chevron and Ecuadoreans over oil contamination.
U.S. District Judge Lewis Kaplan said in a written opinion that it was likely that filmmaker Joseph Berlinger and his associates have information that is highly relevant to the legal tussle. He ordered him deposed, along with his associates.
He said Chevron’s lawyers can question Berlinger about discrepancies they claim occurred in statements he has made regarding 520 outtakes of his documentary “Crude,” along with observations he made and communications he had with others when the cameras weren’t rolling. The judge earlier this year ordered Berlinger to turn over outtakes, though a federal appeals panel later narrowed the list of outtakes Chevron could pursue.
Kaplan said Chevron’s quest for information was “no fishing expedition” after some outtakes contained “substantial evidence of misconduct in and relating to the Ecuadorean litigation.”
He added: “It is quite plain that Berlinger was given extraordinary access and witnessed a good deal that is highly relevant. In short, he has not provided enough information to enable Chevron to challenge his claims with respect to particular matters, an opportunity to which it is entitled.”
The dispute over conduct in the case arises in a 17-year-old legal fight that began when Ecuadoreans said their land was contaminated during three decades of oil exploration and extraction by Texaco Inc. Texaco became a wholly owned subsidiary of San Ramon, Calif.-based Chevron Corp. in 2001.
Chevron maintains it is being treated unfairly in Ecuadorean courts.
A Berlinger spokesman did not immediately respond to a message seeking comment.
Randy Mastro, a lawyer for Chevron, said the company was pleased with the judge’s rulings.
“We look forward to now obtaining even more evidence of plaintiffs’ misconduct,” he said.
Chevron has long argued that a 1998 agreement Texaco signed with Ecuador after a $40 million cleanup absolves it of any liability in the case. It claims Ecuador’s state-run oil company is responsible for much of the pollution in the oil patch that Texaco quit nearly two decades ago.
A court-appointed expert in Ecuador has recommended that Chevron pay up to $27 billion for environmental damages and related illnesses.
Google Opens Its Defense In Antitrust Case Alleging Monopoly Over Online Ad Technology
Google opened its defense against allegations that it holds an illegal monopoly on online advertising technology Friday with witness testimony saying the industry is vastly more complex and competitive than portrayed by the federal government.
"The industry has been exceptionally fluid over the last 18 years," said Scott Sheffer, a vice president for global partnerships at Google, the company's first witness at its antitrust trial in federal court in Alexandria.
The Justice Department and a coalition of states contend that Google built and maintained an illegal monopoly over the technology that facilitates the buying and selling of online ads seen by consumers.
Google counters that the government's case improperly focuses on a narrow type of online ads — essentially the rectangular ones that appear on the top and on the right-hand side of a webpage. In its opening statement, Google's lawyers said the Supreme Court has warned judges against taking action when dealing with rapidly emerging technology like what Sheffer described because of the risk of error or unintended consequences.
Google says defining the market so narrowly ignores the competition it faces from social media companies, Amazon, streaming TV providers and others who offer advertisers the means to reach online consumers.
Justice Department lawyers called witnesses to testify for two weeks before resting their case Friday afternoon, detailing the ways that automated ad exchanges conduct auctions in a matter of milliseconds to determine which ads are placed in front of which consumers and how much they cost.
The department contends the auctions are finessed in subtle ways that benefit Google to the exclusion of would-be competitors and in ways that prevent... Read More