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Human Rights Jurisdiction

NAVEX

Supply Chain Regulations and Exposure – How to Manage Third-Party Risk and Beyond

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If the term “nth supplier” joined your vocabulary recently, you’re not alone. If you haven’t heard the term until now, don’t worry – you’ll be hearing it frequently soon enough. The “nth” supplier is the mythical last...more

Littler

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

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In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Bracewell LLP

The 2023 AIEN Model Form JOA Placing ESG issues at the heart of oil and gas operations

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On 16 February 2023, the Association of International Energy Negotiators (“AIEN”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating...more

Kohrman Jackson & Krantz LLP

Is Pay Transparency the New Normal? Here’s What Employers Should Know

Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective November 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

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The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Hogan Lovells

Duty of Vigilance: the French Parliament confers jurisdiction on the Paris Civil Court only

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The French Senate recently amended the bill for building confidence in the justice system, to provide for the jurisdiction of the Paris Commercial Court with respect to matters related to the duty of vigilance. The amendment...more

Hogan Lovells

Update on amendments to the French duty of vigilance Law

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On 20 July 2021, the French Parliament adopted the Climate and Resilience Bill which was the occasion for some debates about potential amendments to the Duty of Vigilance Law, in particular as regards the scope and sanctions...more

Morrison & Foerster LLP

The World Is Your Oyster? Supreme Court Confirms UK Jurisdictional Gateway For Parent Company Liability

On 12 February 2021, the Supreme Court handed down judgment in the high profile case of Okpabi v Shell, in which it allowed a jurisdictional appeal relating to group claims brought by claimants against a UK domiciled parent...more

Vinson & Elkins LLP

A Multinational Maze: Navigating Human Rights Regimes Across Multiple Jurisdictions

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Human rights are increasingly the subject of a range of requirements under both “hard” law — such as the mandatory obligations promulgated by governments regarding conflict mineral restrictions, forced labor prohibitions, and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Hogan Lovells

Vedanta: UK Supreme Court takes the “straitjacket” off claims against parent companies in the English Courts

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On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. v Lungowe and others [2019] UKSC 20; a long awaited decision on parent company liability and the jurisdiction of English...more

BCLP

Update on tort and human rights claims against UK parent companies based on overseas activities

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The case of Lungowe and others v Vedanta Resources Plc and Konkola Copper Mines Plc has just been before the Supreme Court on the question of whether the courts of England and Wales should hear this overseas claim. In...more

Hogan Lovells

BHR 360: Business and Human Rights Newsletter

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Welcome to the second edition of BHR 360, our bi-annual Business and Human Rights newsletter. In the last edition, we looked at key BHR trends and what to watch out for in 2018. In this edition, we look back on a year full of...more

Jones Day

The Global Spotlight on Labor Trafficking in Corporate Supply Chains -- Know Your Obligations

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Human trafficking is a global problem that is receiving the attention of legislators and law enforcement. Legislative efforts are focused largely on increasing corporate responsibility in the eradication of human trafficking....more

Littler

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

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On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Holds that Foreign Corporations May Not Be Held Liable Under the Alien Tort Statute

In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more

Dechert LLP

SCOTUS Holds Alien Tort Statute Cannot Be Used to Sue Foreign Corporations

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Resolving a circuit split, the U.S. Supreme Court held Tuesday that common law liability under the Alien Tort Statute (ATS) does not extend to foreign corporations. Jesner v. Arab Bank, PLC, No. 16-499, 2018 WL 1914663...more

Hogan Lovells

Can environmental damage be prosecuted as a crime under international law?

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At last week’s IBA War and Justice Conference, ICC judge Howard Morrison said that international criminal law must develop to accommodate the changing nature of atrocities and the changing nature of conflict.  ...more

Hogan Lovells

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

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The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

Hogan Lovells

How a constitutional amendment is transforming litigation in Mexico

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In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more

Hogan Lovells

Update on the responsibility to respect human rights and parent company liability: what the Court of Appeal’s judgment in Okpabi...

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In the last four months, the Court of Appeal has handed down judgment in two important cases relating to parent company liability and jurisdiction over extra-territorial human rights impacts. ...more

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