Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Robert Writt v. Shell Oil Company and Shell International, E&P, Inc

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DISSENTING OPINION

For more than one hundred years, Texas defamation law has artfully balanced two fundamental interests: a citizen’s right to his good name and a citizen’s right to free speech. Communications made in the context of judicial proceedings invoke two additional and equally important interests: a citizen’s right to petition for redress and the administration of justice. When the judicial proceedings are criminal in nature, a citizen’s interests in the deterrence and prosecution of crime are added to the balance. In the defamation equilibrium, we safeguard these fundamental interests through privileges.

With respect to criminal prosecutions, our jurisprudence has reached a careful accord–we afford a qualified privilege to statements made when a private citizen approaches a governmental authority with criminal allegations, but we afford absolute privilege to communications made to prosecuting governmental authorities during or in contemplation of criminal proceedings. When a citizen, corporate or otherwise, is approached by a law enforcement agency for cooperation in an ongoing investigation of a contemplated criminal prosecution, the administration of justice requires an absolute privilege, which encourages the citizen’s full and unreserved cooperation in the agency’s information-gathering efforts, unhampered by fear of retaliatory lawsuits. Shell’s cooperation with the DOJ falls into this category, and the trial court correctly afforded it absolute privilege. By reaching a contrary holding, the Court frustrates the kind of cooperation and self-reporting that is often vital to the DOJ’s prevention and prosecution of corporate misconduct in international business dealings. I therefore respectfully dissent.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
Labor & Employment Attorney - New York, NY

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs