Quinn Emanuel D.C. Litigation in Brief -- Spring 2012


In This Issue:

The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word? Cover; When in Rome...(U.S Law Still Applies): Lessons of Wal-Mart, News Corp. & the Foreign Corrupt Practices Act; The Cuts Are Coming, Payments May Not Be: How Defense Contractors Can Prepare; Will the FDIC’s Claims Against Directors and Officers of Failed Banks for Simple Negligence Yield to the Protections of the Business-Judgment Rule?; and Notable Additions.

Excerpt from The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word? Cover

The proper role of US courts in policing conduct abroad is commanding the Supreme Court’s attention and may soon command that of Congress. Since 1789, the Alien Torts Claims Act (“ATCA”) has long conferred jurisdiction upon federal courts to entertain suits “by an alien” for an alleged tort “committed in violation of the law of nations or a treaty of the United States.” Beginning around 1980, the ATCA became a focal point of controversy as non- US citizens increasingly asserted ATCA claims in federal courts arising from alleged wrongs committed outside the United States. Seldom has the Supreme Court weighed in about that controversy. It is now positioned to do so, however, in what could be a landmark decision.

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