Judge Failla Allows Identity of Expert on Venezuelan Law to Be Sealed, Given Volatile Political Situation

In litigation concerning certain promissory notes issued by the Venezuelan state-owned oil company, Judge Failla today issued an order granting a request by the trustee and collateral agent for the noteholders to keep under seal the identity of their expert on Venezuelan law. Since last year, there has been dispute as to whether the rightful President of Venezuela is Nicolás Maduro or Juan Guaidó, and the noteholders argued that allies of Guaidó would retaliate against anyone supporting enforcement of the notes. Judge Failla reviewed certain evidence ex parte and concluded that “that there is sufficient evidence of potential harm to [the] expert that protection of the expert’s identity is warranted.”