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
Extraterritoriality Becomes Focus of Kiobel Supreme Court; Are We Headed for Morrison II? by Cadwalader, Wickersham & Taft LLP on 4/9/2012 We have posted on the fascinating development of the law concerning the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The issues raised there are important in their own right and are at the center of many issues faced by the...more
Alien Tort Statute Development by Dechert LLP on 3/9/2012 Since we blogged about the Supreme Court’s certiorari grant in Kiobel v. Royal Dutch Petroleum, 10-1491, we figured we owe our readers an update about a significant status change. As we mentioned before, the Court...more
U.S. Supreme Court Review of Corporate Liability Under the Alien Tort Statute -- An Overview of the Oral Arguments in Kiobel v.... by Foley Hoag LLP - Corporate Social... on 2/29/2012 On February 28, in proceedings that were both closely watched and anxiously anticipated, the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum. For the first time, the question of...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...more
Private Offerings in New York: How an “Integration Clause” bars an Investor from Relying on the Offerors’ Representations by Wahab & Medenica LLC on 2/16/2012 Anyone in business should be careful to note whether their contracts contain “integration clauses.” A so called integration clause makes the contract “king” in terms of the promises and...more
Washington Court of Appeals Interprets the Phrase "Third Person" Under Definition of "Insured Contract" by Stephanie Grassia on 2/15/2012 The Washington Court of Appeals held that a liability insurance policy's contractual liability exclusion precludes coverage for an insured's contractual obligation to indemnify another party for injury to the insured because...more
Kiobel v. Royal Dutch Petroleum Co. Brief of Amicus Curiae The CATO institute In Support Of Respondents by Cato Institute on 2/3/2012 One of our oldest laws, the Alien Tort Statute (1789), grants federal courts jurisdiction over lawsuits brought by aliens for actions “in violation of the law of nations.” Courts have differed in their method...more
Invasion of Privacy in Condominiums by Heenan Blaikie LLP on 2/3/2012 A recent case before the Ontario Court of Appeal dealing with the privacy of a Bank customer's personal information, may have some interesting applications for condominium corporations and property managers across...more
Second Circuit Exercises “Hypothetical Jurisdiction” To Dismiss Claim Rather than Address Subject Matter Jurisdiction Over... by Cadwalader, Wickersham & Taft LLP on 1/27/2012 Liu Bo Shan v. China Construction Bank Corp., No. 10-2992-cv (2d Cir. 2011)(summary order), reviewed on appeal claims alleging torture against China Construction Bank in alleged violation of the Torture Victim Protection Act,...more
Aiding Victims of Clergy Sexual Abuse: What’s a Good Samaritan to Do? by McDermott Will & Emery on 1/23/2012 The provision of financial assistance to victims of clergy sexual abuse seeking to obtain mental health counseling and treatment may result in civil liability for religious and other organizations undertaking such aid if...more
Termination of Contracts: A Balancing Act or the Tightrope over the Morgul Vale? by Kim Lovegrove on 1/11/2012 There is termination done correctly, and on the other hand there is incorrect or wrongful termination. The later form of termination is commonly known as “repudiation” of contract....more
Obama Administration States that Corporations are Proper Defendants in Alien Tort Cases by Foley Hoag LLP - Corporate Social... on 12/29/2011 The Obama Administration has filed an amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum in support of the plaintiffs' position that corporations are proper defendants in cases involving claims under...more
Nuisance Pets in Condominiums - It's not the Dog's Fault! by Heenan Blaikie LLP on 12/23/2011 Although condominium ownership allows one to own a portion of a larger piece of property, the unit owner does not have the same freedoms with respect to that property as would be had in the case of a detached, freehold...more
How to Maximize Value for Your Attorney Fee Dollars: Tips to Decrease your Legal Bill By: Gary J. Jaburg by Jaburg Wilk on 12/20/2011 If you are faced with needing the services of an attorney either for a personal matter or a business matter, the cost of quality legal services may seem expensive The more educated you are about purchasing legal services, the...more