News & Analysis as of

Corporate Liability

Massachusetts' Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances

by Shipman & Goodwin LLP on

Earlier this month, Massachusetts’ highest court ruled favorably for Massachusetts Institute of Technology (“MIT”) and three school officials in a wrongful death lawsuit closely watched by educational institutions for close...more

Hogan Lovells leads conversation with roundtable on the French duty of vigilance and corporate civil liability for human rights

by Hogan Lovells on

On 17 May 2018, an unprecedented round table took place to discuss the “French duty of vigilance and civil liability in human rights matters” at our Paris office. ...more

California Proposes New Liability Regime for Companies That Deal in Credit Reports

The California Legislature is considering enacting Assembly Bill 1859 (“AB 1859”), which would impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies....more

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

by Littler on

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

U.S. Supreme Court Rejects Corporate Liability for International Human Rights Violations

by K&L Gates LLP on

The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more

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

Beyond BSA Compliance: Human Trafficking Corporate Liability for Small Banks and MSBs

Smaller banks and money services businesses should expand their AML compliance to mitigate human trafficking corporate liability. Aside from the Bank Secrecy Act, federal law creates corporate liability for financial...more

US Supreme Court Bars Actions Against Foreign Corporations for Alleged Human Rights Violations

by White & Case LLP on

On Tuesday, the United States Supreme Court ruled that plaintiffs cannot sue foreign corporations for claims brought under the Alien Tort Statute ("ATS"). Part of the Judiciary Act of 1789, the ATS provides federal courts...more

Supreme Court Forecloses Foreign Corporate Liability Under the Alien Tort Statute

• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co. • Although the decision...more

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

by Dechert LLP on

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

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

by Hogan Lovells on

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

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

by Hogan Lovells on

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

Supreme Court Decides Jesner v. Arab Bank, PLC

by Faegre Baker Daniels on

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more

Anti-Corruption Regulation Survey of 41 Countries 2017–2018

by Jones Day on

Welcome to the 2017-2018 edition of the Jones Day Anti-Corruption Regulation Survey. In 2017 and 2018 to date, there has continued to be an increasing awareness among multinational companies of the significance of...more

Corporate Criminal Liability – Perspectives from the US, UK and France

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

Has Partial Substantive Consolidation Taken Off with Republic Airways Holdings?

Substantive consolidation is the ultimate disregard of the corporate separateness of a group of related debtors--it is “the effective merger of two or more legally distinct (albeit affiliated) entities into a single debtor...more

Bill Expands Corporate Liability for Human Trafficking to Social Media Companies

By removing immunity for illegal content, the recently passed bill emphasizes the need for anti-human trafficking compliance and online account monitoring. The recently passed bill creates civil liability for social media...more

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

Corporate Social Responsibility Compliance in 2018, and Beyond – An Overview for In-House Legal Counsel

by Ropes & Gray LLP on

After years of looming on the fringes, 2018 is likely to go down as the year that corporate social responsibility compliance became a core responsibility of in-house legal departments....more

Peru and Argentina: New Bribe Regimes Put Companies at Risk

by Jones Day on

In reaction to fallout from the recent Odebrecht scandal, and aided by shifting political winds, Peru and Argentina have enacted significant corporate anticorruption legislation. Both countries have implemented laws...more

SEC Issues New Cybersecurity Guidance; Makes Clear that Cybersecurity Disclosures Are Part of Existing SEC Requirements - Guidance...

by Holland & Knight LLP on

On Feb. 21, 2018, the Securities and Exchange Commission (SEC) issued interpretive guidance on its expectations for corporate disclosures on cybersecurity risks. The guidance delineates where it believes existing SEC rules...more

Institutions Beware - recent decisions indicate that aiding and abetting theory of liability may assume more importance under the...

Financial institutions have been increasingly subjected to actions seeking to hold them responsible for acts of international terrorism under Section 2333 of the Anti-Terrorism Act (ATA). However, recent decisions from the US...more

BHR 360: highlights from 2017, and what to watch out for in 2018

by Hogan Lovells on

Welcome to the first edition of BHR 360, our bi-annual Business and Human Rights newsletter. Over the past year the international community has focused its attention on the third pillar of the UN Guiding Principles on...more

The Next Big Thing: Data Breach Securities Class Action Litigation

Shareholders may have found a new hook for data security lawsuits. Over the past year, plaintiffs have filed nine federal class action securities fraud lawsuits against public companies after data security incidents,...more

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