Human Rights, Extraterritoriality Rules, Jurisdiction

BHR 360: Business and Human Rights Newsletter

Hogan Lovells on 10/24/2018

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

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

Jones Day on 8/22/2018

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

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

Littler on 5/11/2018

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

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

Sheppard Mullin Richter & Hampton LLP on 5/3/2018

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

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

Dechert LLP on 4/30/2018

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

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

Hogan Lovells on 4/27/2018

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

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

Hogan Lovells on 2/19/2018

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

A binding treaty on business and human rights? Still a way to go.

Hogan Lovells on 11/2/2017

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

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

Hogan Lovells on 10/16/2017

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

Alien Tort Case Development: Plaintiffs in Exxon Mobil Case Survive “Touch and Concern” Review

Foley Hoag LLP - Global Business and Human... on 8/3/2015

Earlier this month, the District Court for the District of Columbia denied Exxon Mobil’s motion to dismiss plaintiffs’ claims in Doe I v. Exxon Mobil, a case brought pursuant to the Alien Tort Statute (“ATS”). Plaintiffs...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

Baker Donelson on 5/13/2013

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Human Rights › Extraterritoriality Rules › Jurisdiction

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