Republic of Ecuador v. Bjorkman
United States District Court for the District of Colorado
2012 WL 12755 (D. Colo. Jan. 4, 2012)
The Republic of Ecuador (Ecuador) (plaintiff) brought an international arbitration proceeding against Texaco Petroleum Corporation, alleging environmental and health harms in Ecuador, and sought discovery from Bjorn Bjorkman (defendant), an environmental expert who had prepared expert reports for another company involved in related matters. After the arbitration tribunal authorized a subpoena, Ecuador sued Bjorkman in federal court when he refused to produce discoverable material, and Bjorkman argued the material was protected by attorney-client privilege and the attorney work-product doctrine.
Whether facts or data considered by an expert witness may be withheld from discovery solely because they were used or prepared in anticipation of litigation.