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
5/11/2018
/ Alien Tort Statute ,
Corporate Liability ,
Extraterritoriality Rules ,
Foreign Corporations ,
Human Rights ,
International Litigation ,
International Treaties ,
Jesner et al. v. Arab Bank ,
Judicial Discretion ,
Jurisdiction ,
SCOTUS
Recent class actions have claimed that companies have violated California consumer fraud and unfair competition laws resulting from alleged forced labor in their global supply chains. These state law claims argue that...more
10/15/2015
/ Alien Tort Statute ,
Child Labor ,
Class Action ,
Consumer Fraud ,
Corporate Counsel ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Kiobel v. Royal Dutch Petroleum Co. ,
Petition for Writ of Certiorari ,
SCOTUS ,
Slavery ,
Supply Chain ,
Transparency in Supply Chains Act ,
UN Guiding Principles ,
Unfair Competition
The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more
On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more