This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers. On March 15,...more
On September 1, 2023, lawmakers in South Korea proposed a bill entitled the “Act on Human Rights and Environmental Protection for Sustainable Business Management” (the “Bill”) to the National Assembly. This Bill aims to...more
National and supranational legislatures continue to develop laws requiring employers to conduct due diligence of their operations and those of their business partners in order to address human rights risks such as forced...more
10/12/2022
/ Child Labor ,
Corporate Liability ,
Corporate Social Responsibility ,
Due Diligence ,
EU ,
EU Directive ,
Forced Labor ,
Human Rights ,
International Labor Laws ,
Japan ,
Regulatory Requirements ,
Risk Management ,
Supply Chain ,
Switzerland
On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”), which bars the importation into the United States of products made from forced labor in the Xinjiang region of...more
1/3/2022
/ Biden Administration ,
China ,
Corporate Social Responsibility ,
Due Diligence ,
Employer Liability Issues ,
Enforcement Priorities ,
Forced Labor ,
Human Rights ,
Imports ,
Manufacturers ,
Multinationals ,
Popular ,
Regulatory Reform ,
Supply Chain ,
US Trade Policies
This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. ...more
10/28/2021
/ Canada ,
Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Due Diligence ,
EU ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Legislative Agendas ,
Multinationals ,
Regulatory Agenda ,
Supply Chain ,
Transparency
Since it was established in 2014, a United Nations Inter-Governmental Working Group (“IGWG”) has met annually to develop a multilateral treaty to attempt to hold businesses legally accountable for harms that may be related to...more
11/6/2019
/ Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Due Diligence ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Multinationals ,
Supply Chain ,
Transparency ,
UN Guiding Principles ,
United Nations ,
Working Groups
Human rights issues increasingly require the assistance of experienced counsel who can help employers navigate very fluid and complex legal, business and societal considerations. ...more
10/16/2019
/ Corporate Governance ,
Corporate Social Responsibility ,
Due Diligence ,
Extraterritoriality Rules ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Multinationals ,
Supply Chain ,
Transparency ,
United Nations ,
Working Groups
In February 2019, the German Federal Ministry for Economic Cooperation and Development (“Development Ministry”) introduced a draft law (the “Draft Law”) that seeks to mandate human rights due diligence for German companies...more
4/26/2019
/ Anti-Corruption ,
Corporate Counsel ,
Corporate Social Responsibility ,
Due Diligence ,
EU ,
Germany ,
Human Rights ,
Human Trafficking ,
Internal Controls ,
National Action Plan ,
Reporting Requirements ,
Risk Management ,
Supply Chain ,
Voluntary Compliance
An ongoing debate exists regarding the nature and extent to which transnational companies should be held directly and legally liable for human rights impacts. Much of this debate has involved calls for additional regulation...more
11/10/2017
/ Burden of Proof ,
Burden-Shifting ,
Corporate Counsel ,
Corporate Social Responsibility ,
Corporate Veil ,
Due Diligence ,
Extraterritoriality Rules ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Multinationals ,
Supply Chain ,
UN Guiding Principles ,
Working Groups
In February 2017, legislatures in the Netherlands and France took significant steps to implement mandatory due diligence and reporting rules regarding the impact of an employer's operations and supply chains on human rights. ...more
3/14/2017
/ Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Due Diligence ,
Forced Labor ,
France ,
Human Rights ,
Netherlands ,
New Legislation ,
Risk Assessment ,
Supply Chain
On November 29, 2016, France’s National Assembly adopted the text of a bill (the “Bill”) that, if enacted, would create new due diligence obligations for large French companies regarding their subsidiaries’ and supply chain...more
In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide...more
Non-Canadian workers are increasingly suing their employers in Canadian courts for human rights violations allegedly committed outside Canada by the companies themselves or by other entities in their supply chains. This...more
9/16/2015
/ ACTA ,
Alien Tort Statute ,
Amnesty International ,
British Columbia Supreme Court ,
Canada ,
Code of Conduct ,
Corporate Counsel ,
Due Diligence ,
Foreign Corporations ,
Foreign Workers ,
Human Rights ,
International Finance ,
Kiobel v. Royal Dutch Petroleum Co. ,
Negligence ,
OECD ,
Royal Dutch Petroleum ,
Standard of Care ,
Supply Chain ,
UN Guiding Principles