Sarah A. Altschuller

Sarah A. Altschuller

Foley Hoag LLP

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Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K....more

2/8/2016 - Anti-Corruption Compliance FCPA Federal Contractors Human Trafficking Modern Slavery Act Supply Chain Trafficking Victims Protection Act of 2000 Transparency in Supply Chains Act UK

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: recent developments with regard to a major Alien Tort Statute...more

2/5/2016 - Alien Tort Statute Anti-Corruption Cargill Child Labor Corporate Liability FCPA Human Rights Nestle Petition for Writ of Certiorari Slavery Supply Chain Trafficking

Human Rights Expectations for the Banking Sector: A New Report from Foley Hoag and UNEP FI

Attorneys in Foley Hoag’s Corporate Social Responsibility (“CSR”) practice and the U.N. Environment Programme Finance Initiative (“UNEP FI”) recently collaborated on a report analyzing the implications of the U.N. Guiding...more

1/28/2016 - Banking Sector Corporate Social Responsibility Due Diligence Human Rights OECD UN Guiding Principles

Corporate Defendants Find a Safe Harbor in California Transparency Litigation

A District Court judge in California has dismissed a complaint against Nestlé USA Inc. and Nestlé Purina Petcare Co. (together “Nestlé”) which argued that the company was obligated to inform consumers that seafood in its...more

1/13/2016 - Animal Food Consumers Legal Remedies Act Corporate Social Responsibility False Advertising Forced Labor Nestle Safe Harbors Transparency in Supply Chains Act Unfair Competition

Alien Tort Case Development: Still No Corporate Liability in the Second Circuit (At Least for Now)

On December 8, the Second Circuit Court of Appeals upheld the dismissal of plaintiffs’ claims in five consolidated cases against Arab Bank, PLC. Plaintiffs in each of the cases alleged that they, or their family members, had...more

12/15/2015 - Alien Tort Statute Anti-Terrorism Act Corporate Liability Kiobel v. Royal Dutch Petroleum Co. SCOTUS Terrorism Funding

U.K. Modern Slavery Act: Five Things You Need to Know

The transparency provisions of the U.K. Modern Slavery Act went into effect on October 29. At the same time, the U.K. Government has released guidance for companies seeking to comply with the Act....more

11/2/2015 - Disclosure Requirements Human Rights Human Trafficking Injunctive Relief Modern Slavery Act New Guidance Reputation Management Subsidiaries Supply Chain Transparency UK

Securities and Exchange Commission Sets Schedule for Rulemaking on Revenue Transparency

On October 2, the Securities and Exchange Commission (“SEC”) filed a schedule with the U.S. District Court for the District of Massachusetts providing details as to when the agency will seek to issue a final rule on revenue...more

10/5/2015 - American Petroleum Institute Disclosure Requirements Dodd-Frank Extractive Industry Transparency Rule Final Rules Oxfam America Revenue SEC Transparency Vacated

Five – Five Developments that We’ve Been Watching Closely: September #2

It’s time for another rundown of five developments in the field of business and human rights — and broader corporate social responsibility — that we’ve been monitoring....more

9/28/2015 - Child Safety Conflict Mineral Rules Corporate Culture Corporate Social Responsibility EU Human Rights SASB SEC Supply Chain Sustainability United Nations

Five on Friday: Five Recent Developments that We’ve Been Watching Closely

There continue to be regular developments in the business and human rights field that warrant attention from both companies and their stakeholders. New legislation and regulation, shifting policy positions, and developments...more

9/11/2015 - Canada Class Action Cloud Computing Costco Data Privacy Disclosure Requirements Dodd-Frank DOJ ECPA Ecuador Final Rules Forced Labor Human Trafficking Independent Contractors Microsoft Misclassification Nestle SEC Sharing Economy Supply Chain Supreme Court of Canada Transparency Uber

U.K. Modern Slavery Act: New Disclosure Requirements for Companies Operating in the United Kingdom

Companies that do business in the United Kingdom should assess their exposure to the U.K. Modern Slavery Act, which goes into effect this October. The transparency provisions of the Act are applicable to companies that do any...more

8/25/2015 - Audit Policies Board of Directors Corporate Entities Disclosure Requirements Due Diligence Enforcement Human Rights Human Trafficking Injunctive Relief Modern Slavery Act Partnerships Policies and Procedures Public Disclosure Supply Chain Training Transparency Transparency in Supply Chains Act UK

U.K. Modern Slavery Act: New Disclosure Requirements for Companies Operating in the United Kingdom

Companies that do business in the United Kingdom should assess their exposure to the U.K. Modern Slavery Act, which goes into effect this October. The transparency provisions of the Act are applicable to companies that do any...more

8/19/2015 - Disclosure Requirements Foreign Corporations Human Trafficking Modern Slavery Act Supply Chain Transparency UK

H.R. 3226: New Bill Calls for Transparency on Trafficking and Slavery in Corporate Supply Chains

In late July, Representative Carolyn Maloney (D-NY) introduced H.R. 3226, the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015. The bill, if passed, would require companies to file annual reports with...more

8/5/2015 - Child Labor Forced Labor Human Rights Human Trafficking Privately Held Corporations Proposed Legislation Publicly-Traded Companies SEC Slavery Supply Chain Transparency in Supply Chains Act

Alien Tort Case Development: Plaintiffs in Exxon Mobil Case Survive “Touch and Concern” Review

Earlier this month, the District Court for the District of Columbia denied Exxon Mobil’s motion to dismiss plaintiffs’ claims in Doe I v. Exxon Mobil, a case brought pursuant to the Alien Tort Statute (“ATS”). Plaintiffs...more

8/3/2015 - Aiding and Abetting Alien Tort Statute Corporate Counsel Extraterritoriality Rules Exxon Mobil Human Rights Jurisdiction Mens Rea Motion to Dismiss

Alien Tort Case Development: Second Circuit Affirms Dismissal of Claims Against Ford and IBM

Earlier this week, the Second Circuit Court of Appeals affirmed a decision in In re: South African Apartheid Litigation dismissing claims brought pursuant to the Alien Tort Statute (“ATS”) against Ford and IBM. Plaintiffs had...more

8/3/2015 - Aiding and Abetting Alien Tort Statute Appeals Ford Motor Human Rights IBM Race Discrimination South Africa

Conflict Minerals: European Parliament Endorses New Compliance Requirements

It has been nearly a month since the deadline for companies in the United States to file their second annual conflict minerals reports with the Securities and Exchange Commission. As companies and their stakeholders assess...more

6/29/2015 - Compliance Conflict Mineral Rules Corporate Counsel EU Popular SEC Supply Chain

G7 Leaders Issue Declaration Supporting Private Sector Implementation of Human Rights Due Diligence

At the conclusion of the G7 Summit held on June 7 and 8, the assembled leaders released a declaration endorsing the U.N. Guiding Principles on Business and Human Rights. Specifically, leaders of the United States, the United...more

6/16/2015 - Human Rights Supply Chain Transparency in Supply Chains Act UN Guiding Principles United Nations

Shareholder Proposals Regarding Corporate Respect for Human Rights

Shareholder proposals filed during this year’s proxy season reflect investors’ continued concerns about the social and environmental impacts of corporate operations. The Proxy Preview published by As You Sow, the Sustainable...more

5/18/2015 - Human Rights Proxy Season Shareholder Activism Shareholders UN Guiding Principles

The California Transparency in Supply Chains Act: New Guidance and Increased Enforcement Efforts

The State of California has recently stepped up enforcement of the California Transparency in Supply Chains Act, which went into effect on January 1, 2012. The California Department of Justice has also issued new guidance on...more

5/11/2015 - Audits Chief Compliance Officers Disclosure Requirements Enforcement Actions Human Trafficking New Guidance Supply Chain Third-Party Relationships Transparency in Supply Chains Act

U.N. Guiding Principles Reporting Framework Released by the Human Rights Reporting and Assurance Frameworks Initiative

In late February, after 18 months of research and consultation, a new Reporting Framework has been released to help companies report on their human rights performance in a manner aligned with the expectations set forth in the...more

3/11/2015 - Corporate Social Responsibility Human Rights New Guidance United Nations

Frequently Asked Questions on the U.S. Government’s National Action Plan on Responsible Business Conduct

On February 12, the U.S. Department of State released a set of “Frequently Asked Questions” (“FAQs”) with regard to the U.S. Government’s efforts to develop a National Action Plan on Responsible Business Conduct. The plan is...more

2/13/2015 - Anti-Corruption Corporate Counsel Multinationals National Action Plan Transparency US Department of State

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

2/3/2015 - Chief Compliance Officers Compliance Due Diligence Federal Acquisition Regulations (FAR) Federal Contractors Federal Procurement Systems Final Rules Human Trafficking Manufacturers New Regulations Service Contracts Subcontractors Supply Chain Third-Party Liability Vendors

Federal Acquisition Regulation: Amendments to Strengthen Prohibitions Against Trafficking

On January 29, 2015, the U.S. Government released a final rule amending the Federal Acquisition Regulation (“FAR”). The final rule reflects changes to proposed amendments originally released in September 2013. The...more

2/3/2015 - Chief Compliance Officers Compliance Due Diligence Executive Orders Federal Acquisition Regulations (FAR) Federal Contractors Final Rules Human Trafficking Manufacturers NDAA Service Contracts Subcontractors Supply Chain Third-Party Service Provider Vendors

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

1/26/2015 - Appeals Columbia Dismissals Hiring & Firing Human Rights Negligence Occidental Petroleum Oil & Gas Pipelines US Department of State Wrongful Death

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