Extraterritoriality — RICO Report Podcast
EU, UK and US Trade Sanctions: Application and Latest Developments [Video Recording]
What to Expect from the Supreme Court During Obama’s Second Term
As climate litigation spreads across Europe, the European Court of Human Rights ("ECtHR") is increasingly asked to evaluate whether insufficient climate action by States may violate the rights enshrined in the European...more
This is the second of three articles on the Solar Industry and Forced Labor. Here we focus on interactions with solar module suppliers. Our first article in the series focused on regulations in this area, and our next will...more
The U.S. Supreme Court recently handed down its decision on the scope of the Alien Tort Statute (ATS), following an appeal by Nestle USA, Inc., the U.S. affiliate of Swiss-based Nestle (Nestle USA), and Cargill, Inc....more
On 17 June 2021, the U.S. Supreme Court delivered its opinion in Nestlé USA, Inc. v Doe, 593 U.S. ___ (2021). The suit was brought by a group of citizens from Mali under the U.S. Alien Tort Statute (“ATS”), alleging that...more
On June 17, the U.S. Supreme Court held that U.S. corporations are not liable for alleged abuses against non-U.S. citizens in foreign countries merely because general operational decisions made in the United States...more
In a decision issued June 17, the US Supreme Court further limited the ability of plaintiffs to seek redress in US courts for human rights abuses that occur overseas, but did not go as far in restricting those suits as some...more
In Nestle, six citizens of Mali claimed they were trafficked into and enslaved on cocoa farms in the Ivory Coast. Pursuant to the ATS, these former child slaves sought to impose liability upon Nestle, Cargill, and other U.S....more
A recent Supreme Court decision declines to apply the ATS to general corporate activity in the United States to reach violations of international law alleged to occur in other countries. The Alien Tort Statute (ATS) requires...more
On June 17, 2021, the Supreme Court held in Nestle USA, Inc. v. Doe I, that a plaintiff seeking domestic application of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), must demonstrate that the facts giving rise to the...more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more
Human rights issues increasingly require the assistance of experienced counsel who can help employers navigate very fluid and complex legal, business and societal considerations. ...more
Companies receiving agency-supported financing should implement anti-human trafficking compliance to avoid potential liability. U.S. law creates corporate liability for foreign and domestic entities operating in the United...more
The UN intergovernmental working group tasked with developing a binding international treaty on business and human rights recently concluded its fourth round of negotiations in Geneva (15-19 October 2018). ...more
On April 24, 2018, the United States Supreme Court issued its much-anticipated decision in Jesner v. Arab Bank, PLC, 138 S. Ct. 1386 (2018), conclusively holding that the Alien Tort Statute (“ATS”) does not afford a private...more
Welcome to the second edition of BHR 360, our bi-annual Business and Human Rights newsletter. In the last edition, we looked at key BHR trends and what to watch out for in 2018. In this edition, we look back on a year full of...more
Human trafficking is a global problem that is receiving the attention of legislators and law enforcement. Legislative efforts are focused largely on increasing corporate responsibility in the eradication of human trafficking....more
On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more
The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more
In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more
• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co. • Although the decision...more
The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more
On April 24, the U.S. Supreme Court held that plaintiffs may not bring claims against corporations domiciled outside the United States in Alien Tort Statute (“ATS”) cases....more
On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more
For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more
Welcome to the first edition of BHR 360, our bi-annual Business and Human Rights newsletter. Over the past year the international community has focused its attention on the third pillar of the UN Guiding Principles on...more