The New York State Supreme Court scheduled a hearing for June 12, 2019 to hear oral argument on three pending motions in the New York attorney general’s fraud action against Exxon Mobil Corporation (Exxon). The attorney general alleges that Exxon deceived investors about its management of climate change risks. The first of the three motions that the court will hear on June 12 is the attorney general’s motion to dismiss five affirmative defenses that assert that the Office of the Attorney General (OAG) committed prosecutorial misconduct in commencing and conducting the underlying investigation of ExxonMobil; the attorney general alternatively seeks a protective order limiting discovery on these defenses. In the second motion, the attorney general seeks to seal five emails between OAG attorneys and a third-party attorney in which the third-party attorney provides information to the OAG about Exxon. OAG designated the emails as confidential in its production to Exxon. In the third motion, the attorney general seeks a protective order barring Exxon from deposing OAG attorneys. The attorney general indicates that the motion to seal and motion for a protective order should only be considered if the court does not dismiss the prosecutorial misconduct affirmative defenses. Other disputes have arisen in the course of discovery but are not yet the subject of motions, including a dispute over access to former Attorney General Eric Schneiderman’s personal email account, which Exxon alleges was used to conduct official business relevant to Exxon’s defenses.

Action alleging fraudulent scheme by Exxon Mobil Corporation to deceive investors about the company's management of risks posed by climate change regulation.

People of the State of New York v. Exxon Mobil Corp.

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New York Trial Court to Hear Oral Arguments on Discovery Disputes, Affirmative Defenses in Attorney General’s Fraud Action Against Exxon

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