International Law & Trade, Civil Rights, Civil Procedure

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

by Tyler Weidlich | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

by Joseph Brand, Kristen Jarvis Johnson, Barry Reiferson | Patton Boggs LLP on 4/30/2013

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and...more

Supreme Court Narrows Application Of Alien Tort Statute

by BuckleySandler LLP on 4/29/2013

The Supreme Court recently sharply narrowed the potential application of the Alien Tort Statute (ATS), which allows foreign plaintiffs to bring civil actions in U.S. district courts for torts committed in violation of the law...more

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

by Robin Achen, John Stigi | Sheppard Mullin Richter & Hampton LLP on 4/26/2013

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

Kiobel v. Royal Dutch Petroleum: Beyond the Alien Tort Statute—Broadly Extending the Presumption Against the Extraterritorial...

by Lindsay Leonard, Owen Pell, Spencer Willig | White & Case LLP on 4/26/2013

Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more

U.S. Supreme Court Curbs Extraterritorial Reach of the Alien Tort Statute

by Gary J. Mennitt, Debra D. O'Gorman, Michael H. Park | Dechert LLP on 4/25/2013

Last week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 pertaining to the reach of the Alien Tort Statute (“ATS”). This decision states that the ATS does not apply to conduct...more

"US Supreme Court Greatly Restricts Scope of Alien Tort Claims; Holds Statute Does Not Apply Extraterritorially"

by Julie Bédard, Timothy Nelson, Susan Saltzstein, Jennifer Spaziano | Skadden, Arps, Slate, Meagher & Flom LLP on 4/23/2013

Last week, the U.S. Supreme Court issued its long-awaited opinion in Kiobel v. Royal Dutch Petroleum, No. 10–1491 (U.S. Apr. 17, 2013), a significant decision holding that the so-called “Alien Tort Claims Act” or “Alien Tort...more

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

by Bob Loeb, James Stengel, Laurie Strauch Weiss | Orrick, Herrington & Sutcliffe LLP on 4/22/2013

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

The Final Breaths of the Alien Tort Statute

by Philip Berkowitz, Michael G. Congiu, John Kloosterman, Morgan Julia Matson, Eric A. Savage | Littler on 4/22/2013

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

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

by Alexandra Meise Bay | Foley Hoag LLP - Corporate Social... on 4/18/2013

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

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

by Lloyd B. Chinn, Cecile Martin, Daniel Ornstein, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/5/2013

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

UK Employment Reforms in 2013

by Johanna Johnson, Stephen Ravenscroft | White & Case LLP on 1/14/2013

The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more

November 2012: Appellate Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/21/2012

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

"The 2012 U.S. Supreme Court Term: Business Cases to Watch"

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/25/2012

The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more

New Decision Highlights the Importance of Forum Selection Clauses in Cross-Border Employment Agreements

by Littler on 9/21/2012

Multinational employers often negotiate, with their key employees, employment agreements and restrictive covenants that prohibit unfair competition across borders. To prevent inconsistent judgments and give the parties a...more

Dodd-Frank Anti-Retaliation Provision Does Not Apply Extraterritorially

by Orrick - Global Employment Law Group on 7/30/2012

On June 28, 2012, a Texas District Court held that the Dodd-Frank’s anti-retaliation provision per se does not apply extraterritorially. In Asadi v. G.E. Energy (USA), LLC, Case No. 4:12-cv-00345 (S.D. Tex. June 28, 2012),...more

Blunders of the Supreme Court of the United States, Part 8

by Dan Goodman on 5/6/2012

The eighth in a series on blunders made by the Supreme Court of the United States. In this article the case of Cramer v. United States (325 U.S. 1, 1945) is reviewed. The blunder made is that the United States Supreme...more

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

by Foley Hoag LLP - Corporate Social... on 4/24/2012

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

Comment On Case: Coury v. Prot, Fifth Circuit, June 19, 1996

by Dan Goodman on 4/18/2012

In the case of Coury v. Prot, Circuit Judge Dennis concludes that the word "resides" as used in the Section 1, Clause 1 of the Fourteenth Amendment means "domiciled" in a State. This is shown to be wrong. In the...more

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

by Foley Hoag LLP - Corporate Social... on 4/11/2012

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

Diversity of Citizenship: The Basics

by Dan Goodman on 4/11/2012

Discover what a diversity of citizenship case is; that in a diversity of citizenship case the proper citizenship must exist both when the action is commenced at the state level and when the petition for removal is filed...more

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

by Foley Hoag LLP - Corporate Social... on 2/22/2012

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

Some aspects of execution of foreign court’s decisions in Ukraine

by Nina Mikhalska on 9/6/2010

Nowadays foreign legal and physical person more often go to the Ukrainian court to execute the judgement passed abroad. There are some aspects in execution of foreign court’s decisions in Ukraine influencing the success of...more

The Standard of Appellate Review in Canada: High Hurdles to Right Wrongs

by Ellyn Law LLP on 7/5/2009

Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more...more

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International Law & Trade › Civil Rights › Civil Procedure