As part of a lawsuit against Exxon Mobil that alleges human rights violations, a federal judge is exposing information the oil giant wanted to keep secret.
Eleven villagers from Aceh, Indonesia, are suing Exxon in U.S. District Court for the District of Columbia, claiming soldiers who were guarding Exxon facilities tortured and killed villagers in 2000. Attorneys for the villagers say Exxon knew about violent crimes and continued arming the Indonesian soldiers.
Attorneys for Exxon, including Martin Weinstein of Willkie, Farr & Gallagher, urged a U.S. District Court judge to keep under seal Exxon correspondence — cited in a judge’s written opinion — that generally addresses rising violence in Indonesia. Weinstein argued the information was confidential under a protective order in the lawsuit.
The 18-page opinion, written by U.S. District Court Judge Louis Oberdorfer, was filed last month and unsealed, in its entirety, Monday. It says the case against Exxon can be heard in U.S. District Court for the District of Columbia.
Judge Oberdorfer’s opinion includes snippets of email correspondence between Exxon executives who discuss the "complete breakdown of law and order" in Indonesia. Exxon representatives had been in negotiations with Kissinger Associates, the New York-based consulting firm, for a $350,000 annual consulting fee to resolve the security dilemma in Indonesia. An Exxon official in the District met with a victim who escaped Aceh, Indonesia, court records show.
Michael Hausfeld of Cohen, Milstein Hausfeld & Toll, lead attorney for the plaintiffs, heralded Judge Oberdorfer's opinion.
"I think it's important for the public interest because it reveals the inner-workings of a major public corporation in an area of the world with human rights concerns," Hausfeld told Legal Times. "It raises the public issue of responsibility and accountability of American companies operating abroad with respect to human rights."
Exxon attorney Weinstein could not be reached for comment. Exxon wanted redactions to the order to minimize public retribution and to safeguard information such as security plans.
Exxon's proposed redactions, which were denied, "go to the heart of the analysis in the opinion," Judge Oberdorfer wrote. None of the requested redactions concern trade secrets, the privacy rights of crime victims and risks to national security, the judge said.
"In addition, all of the information is seven to ten years old," Judge Oberdorfer said.
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