Byron Egan – Upcoming Release of EGAN ON ENTITIES Third Edition
Working Together: Tips for Ensuring A Compliant Relationship Between You and Your Hospice Board
E13: GDPR Wedding Day & Beyond
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
An Overview of the 2014 Class Action Survey
The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more
SEA View, Article XV: May 2021 - Section 17A of the Malaysian Anti-Corruption Commission Act raises the possibility of corporate liability for corruption in addition to personal liability for board and senior management...more
The CCPA took effect on 1 January 2020, introducing significant compliance burdens for most businesses that collect personal information about California residents. The reach of the CCPA extends beyond California and the US;...more
Companies receiving agency-supported financing should implement anti-human trafficking compliance to avoid potential liability. U.S. law creates corporate liability for foreign and domestic entities operating in the United...more
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
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
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
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
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
• 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
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
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
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
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
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
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
In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more
Last week (23-27 October 2017), the third round of negotiations on a binding international treaty on business and human rights concluded. In this post we consider what (if any) progress has been made and what the sticking...more
The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more
On Wednesday, October 11, the U.S. Supreme Court heard oral arguments in Jesner v. Arab Bank. The case may once and for all determine whether companies are appropriate defendants in cases filed pursuant to the Alien Tort...more
On Monday, April 3, the U.S. Supreme Court granted a petition for a writ of certiorari filed by plaintiffs in Jesner v. Arab Bank, No. 16-499. The case may once and for all determine whether companies are appropriate...more
On August 24, the Second Circuit Court of Appeals affirmed the dismissal of plaintiffs’ claims in a case filed against Lebanese Canadian Bank pursuant to the Alien Tort Statute (“ATS”). Plaintiffs in the case, Licci et al. v....more
On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court’s dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the “ATS”) 28.U.S.C...more