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United States to Develop National Action Plan on Responsible Business Conduct

On September 24, at a meeting of the Open Government Partnership at the United Nations, President Obama announced that the U.S. Government would develop a national action plan to promote responsible business conduct. The...more

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer’s U. S. Sister Company

In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister...more

ATS of the North? Canadian Court Allows Suit to Continue for Human Rights Abuses Committed Abroad

The Superior Court of Justice of Ontario’s recent ruling in the matters of Choc v. Hudbay Minerals Inc., Caal Caal v. Hudbay Minerals Inc., and German Chub Choc v. Hudbay Minerals has signaled a willingness by Canadian courts...more

Navigant Investigations Quarterly 2013 - The Next Compliance Deluge: Understanding Foreign States’ Mandatory Corporate Social...

Corporate Social Responsibility (CSR) has evolved from a “nice idea” or “marketing opportunity” to a true business imperative. Companies are increasingly becoming sophisticated with respect to CSR reporting and are checking...more

A Warning for Canadian Corporations with Foreign Subsidiaries

On July 22, 2013, the Ontario Superior Court of Justice handed down its highly anticipated decision in Choc v Hudbay Minerals Inc., 2013 ONSC 1414. Hudbay serves as a significant warning for Canadian corporations operating in...more

“Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar”

In Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), the United States Supreme Court addressed the applicability of the Alien Tort Statute (“ATS”) to alleged violations of international law committed by...more

What Might Liability under the ATS Look Like Post-Kiobel?: The Example of Private Contractors

Following the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum a number of questions remain as to whether corporations may be held liable under the Alien Tort Statute (“ATS”) for serious violations of human rights....more

United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the circuit split that arose following the 2010 decision of the United States Court...more

Supreme Court Holds that Plaintiffs Must Overcome Presumption Against Extraterritoriality in Alien Tort Statute Cases

Earlier today the Supreme Court issued its long-awaited ruling in Kiobel v. Royal Dutch Petroleum, the case that was to decide whether the Alien Tort Statute (“ATS”) could be applied to corporations as legal persons and...more

Board Oversight of CSR & The Role of the CSR Committee

Shareholders increasingly expect boards of directors to exercise greater oversight over the social and environmental impacts of corporate activities. The 2013 Proxy Preview recently published by As You Sow, the Sustainable...more

Looking Ahead: Five Developments We’ll be Watching in 2013

As memories of New Year’s Eve fade, and another Inauguration Day winds down in Washington, D.C., it’s time to look ahead and identify key events and emerging trends that we think will help shape the business and human rights...more

John Ruggie Gives Opening Address at U.N. Forum on Business and Human Rights

On December 4 and 5, more than 1,000 participants from 85 countries gathered for the first U.N. Forum on Business and Human Rights in Geneva, Switzerland. The Forum focused on “trends and challenges” in the implementation of...more

November 2012: Appellate Litigation Update

Quinn Emanuel Opens Supreme Court’s October 2012 Term: On Monday, October 1, 2012, the Supreme Court reconvened for its first oral arguments after the summer recess. Quinn Emanuel’s Kathleen Sullivan argued in the very first...more

Social Risk Assessment: China Raises Its Game

Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this...more

Corporate Social Responsibility and the Supply Chain

With an effective corporate social responsibility (CSR) policy that adequately addresses supply chain issues, a company can better manage legal, reputational and economic risks. A company risks legal, reputational and...more

Human Rights Due Diligence – An Emerging Requirement in State and Federal Legislation

Two years ago, in October 2010, I published a post, Human Rights Due Diligence and the Corporate Lawyer, that addressed the need for corporate counsel to assess stakeholder expectations that companies should be accountable...more

Leverage and the Management of Adverse Human Rights Impacts

One of the challenges for companies seeking to manage the adverse human rights impacts of their operations is how to deal with impacts that are most directly tied to business partners, suppliers, and even governments....more

Human Rights Due Diligence and Operations in Burma (Myanmar)

I recently published an op-ed in The Christian Science Monitor cautioning companies seeking to make investments in Burma (Myanmar) to make sure that the inflow of new investments does not end up harming the country's...more

Why every company needs a geolocation policy

No matter how big or small your company currently might be, your company needs a geolocation policy that takes human rights into account if you are either: - gathering or storing data that personally identifies your...more

Advocates Seek Human Rights Commitments from Telecommunications Companies

Access, an advocacy organization that promotes open and secure access to the Internet, recently released its Telco Action Plan, a document that sets forth ten steps and implementation objectives for telecommunications...more

U.S. Supreme Court Holds that the TVPA Does Not Apply to Organizations, but Corporate Officers Are Still Fair Game

Renewing speculation about the future of corporate liability for human rights abuses, last week the Supreme Court held unanimously in Mohamad v. Palestinian Authority that the Torture Victims Protection Act (“TVPA") cannot be...more

Would the End of the Alien Tort Statute Mean an End to Corporate Liability for Human Rights Abuses?

If the U.S. Supreme Court strikes down, or severely limits, the Alien Tort Statute (“ATS”), what are the implications for plaintiffs and defendants in cases involving violations of international human rights law? The crystal...more

Liability and Immunity for Human Rights Violations: The Impact of Current Legal Developments on Corporate Responsibility

It is likely that the coming year will see a number of legal developments relating to the immunity and liability of corporations, states, and individuals as recognized by U.S. courts.  With an increasing number of suits...more

Business and Human Rights: A Convergence of Expectations

Former UN Special Representative on Business and Human Rights John Ruggie, now a senior advisor to our CSR practice, recently authored an article in Corporate Secretary magazine in which he observed that there has been a...more

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