Dechert accused of leaking confidential information to The Sunday Times in long-running ENRC dispute
Mining company under SFO scrutiny granted permission to subpoena Sunday Times reporter for all communications with law firm
April 20, 2018 at 09:01 AM
3 minute read
Dechert has been accused by former client, Eurasian Natural Resources Corporation (ENRC), of leaking confidential information to The Sunday Times in the long-running dispute over the firm's investigation into allegations of corruption at the mining company.
The former FTSE 100 company has been granted permission by a US court to subpoena Sunday Times US West Coast correspondent Danny Fortson to produce all documents "describing, reflecting or constituting communications" between Dechert and ENRC.
ENRC claims that Fortson – who wrote a 2013 article about evidence of corruption contained within a letter sent by Dechert to ENRC – was leaked "highly confidential" information by the US law firm.
Dechert took a lead role on the investigation into claims of wrongdoing by an ENRC subsidiary in 2011, with global white-collar co-head Neil Gerrard bringing over the mandate when he joined from DLA Piper earlier that year.
The court documents granting the subpoena – filed in the US District Court for the Northern District of California late last month – describe the investigation as "extremely sensitive" and state that Dechert was fired by ENRC in March 2013 in an "acrimonious" split.
Dechert followed up the split by writing to ENRC, alleging misconduct by the natural resources company based on confidential information provided to the firm by ENRC while it was a client.
ENRC, which denies the claims in the letter, alleges that it was leaked by Dechert based on the fact that it was "highly confidential" and "only a limited number of people had access to it". ENRC also claims that Dechert "had an apparent motive to leak the letter after it was terminated" by the company.
A spokesperson for Dechert said: "We emphatically reject any allegations about a leak from Dechert."
Charles Harder and Dilan Esper of US law firm Harder are representing ENRC, while Dechert's lead lawyer is the firm's San Francisco managing partner Joseph Escher.
The latest development comes after ENRC last year accused Dechert of "systematic and gross overcharging" in relation to the firm's £16.3m bill for 23 months of work relating to the Serious Fraud Office (SFO)'s criminal investigation into the company, which began in 2013. In a High Court ruling, the judge said Dechert's fee estimates were based on "highly unrealistic" assumptions.
Earlier this week, The Law Society appointed Reed Smith to represent it as it seeks to intervene in the SFO's ongoing investigation into ENRC. The Law Society is considering an intervention due to fears that legal privilege is being eroded after the High Court ruled in May that ENRC must hand over documents to the SFO that had been shared between the company and Dechert while it was a client of the firm.
The Sunday Times is not commenting at this stage.
Photo credit: Howard Lake
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHSF Defends Bayer on Roundup Class Action as Litigation Comes to an End in Australia
2 minute readNorton Rose Sues South Africa Government Over 'Unreasonable' Ethnicity Score System
3 minute readBirkenstocks: Footwear or Fine Art? German Law Firm SKW Schwarz Steps Up in Court
Freshfields and Quinn Emanuel Face Off in Latest JP Morgan-WeRealize Dispute
2 minute readTrending Stories
- 1South Florida Attorney Charged With Aggravated Battery After Incident in Prime Rib Line
- 2'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 3Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 4‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 5State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250