In the lawsuit brought by the Commonwealth of Massachusetts against Exxon Mobil Corporation (Exxon) under the Massachusetts Consumer Protection Act, the Massachusetts Superior Court granted the Commonwealth’s motion to compel production by the consulting company McKinsey & Company, Inc. of two documents related to McKinsey’s 2017 engagement to assess Exxon’s corporate risks and its 2019 engagement to assist with development of a corporate framework for sustainability. The documents were (1) a draft presentation that contained comments from an Exxon in-house attorney and (2) McKinsey’s notes from interviews with Exxon attorneys “about the regulatory environment in which Exxon operates and the risks Exxon faces.” The court concluded that the attorney-client privilege did not apply because Exxon did not demonstrate that McKinsey’s business consulting work or the documents at issue “were necessary to the exchange of attorney-client communications.”

Action by Massachusetts attorney general asserting that Exxon Mobil Corporation committed deceptive practices against Massachusetts investors and consumers, including by failing to disclose climate change risks.

Commonwealth v. Exxon Mobil Corp.

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Massachusetts Court Said Exxon Must Produce Contested McKinsey Documents in Commonwealth’s Climate Consumer Protection Case

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United States of America

Massachusetts

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Massachusetts Court Said Exxon Must Produce Contested McKinsey Documents in Commonwealth’s Climate Consumer Protection Case

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