Foley Hoag LLP - Corporate Social Responsibility

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

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

| Business Organizations, Civil Procedure, Civil Rights, Personal Injury,...

Responding to Investor Concerns Regarding Human Rights Impacts

Increasingly, companies will face explicit demands from investors, especially members of the socially responsible investor community, that they provide detailed disclosures regarding internal processes and procedures to assess…more

| Civil Rights, Commercial Law & Contracts, International Law & Trade

Lady Gaga: She’s No (Copyright) Monster

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing and…more

| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

The European Union Lifts Sanctions on Burma

On April 22, the European Union lifted all sanctions on Burma except an arms embargo. The sanctions had already been eased in April 2012, which left open the option of easily putting them back into place. The European Union’s…more

| International Law & Trade

Taking Stock of Business and Human Rights in the United States

This week, members of the United Nations (“U.N.”) Working Group on Human Rights and Transnational Corporations are making an official visit to the United States as part of the Group’s mandate to promote the effective…more

| Civil Rights, Commercial Law & Contracts, Constitutional Law,...

Supreme Court Holds that Plaintiffs Must Overcome Presumption Against...

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 whether…more

| Business Organizations, Civil Procedure, Civil Rights, Personal Injury,...

Reflections on the Evolving Business and Human Rights Agenda

As mentioned in last week’s post, participants in the Voluntary Principles Initiative recently held their Annual Plenary Meeting. The discussions began with opening addresses from Professor John Ruggie, the former U.N. Special…more

| Civil Rights, Commercial Law & Contracts, International Law & Trade

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

| Business Organizations, Civil Rights, International Law & Trade

The Transparency Agenda: Section 1504 and Beyond

A number of significant briefs were filed recently with the U.S. Court of Appeals for the D.C. Circuit in support of Section 1504 of the Dodd-Frank Act, which requires oil, gas, and mining issuers to report on their payments to…more

| Business Organizations, Elections & Politics, Energy & Utilities,...

Due Diligence on Human Rights? Consider Consulting Your FPCA Counsel.

Human rights due diligence requires many of the hallmarks of existing corporate compliance programs: clear policies; assessments of risk; and the integration of strong standards into corporate management systems. This provides…more

| Civil Rights, Commercial Law & Contracts, International Law & Trade

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