The Ends Do Not Justify The Means

In 2014, a federal court found that an American lawyer fabricated evidence, bribed court officials and intimidated judges as part of a lawsuit in Ecuador against a U.S. oil company. In its 500-page opinion the court declared that “Justice is not served by inflicting injustice. The ends do not justify the means.” In other words, one cannot commit a series of knowingly fraudulent and illegal acts, even if purportedly done in the name of a noble cause.

The Huffington Post - Theodore J. Boutrous, Jr. 07/07/2016

In 2014, a federal court found that an American lawyer fabricated evidence, bribed court officials and intimidated judges as part of a lawsuit in Ecuador against a U.S. oil company. In its 500-page opinion the court declared that “Justice is not served by inflicting injustice. The ends do not justify the means.” In other words, one cannot commit a series of knowingly fraudulent and illegal acts, even if purportedly done in the name of a noble cause.

There is a growing trend of these types of cases being filed against corporations, claiming to be in defense of the environment or human rights, which are ultimately exposed as fraudulent and fabricated. Often, corporations settle these types of cases to avoid reputational damage or costly litigation. As a result, allegations and rhetoric can trump evidence by those supporting and promoting these lawsuits, and threats alone can result in a payout.

Increasingly, however, corporations are challenging these baseless actions, and the organizations behind the frivolous lawsuits are not happy about it.

Last week, Katie Redford, the co-founder and director of EarthRights International, published a column to this site lamenting the fact that corporations are standing up for themselves. She even goes so far as to blame my law firm for leading this charge, citing cases we have handled for Dole and Chevron as examples of what she labels “retaliatory litigation” in an effort to silence environmentalists.