Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

Alien Tort GavelIn mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held liable for the deaths of three union leaders in Colombia who were killed by the Colombian National Army’s 18th Brigade in 2004. The court affirmed the lower court’s finding that the case raised non-justiciable political questions.

The facts, as stated in the court’s opinion, are as follows: beginning in the 1980s, Occidental’s Colombian… More

Protecting the Rights of Children Should Be Integral to Every Corporate Social Responsibility Strategy

child-labor-349989_640Consideration of the rights of children should be integral to any Corporate Social Responsibility (“CSR”) strategy or policy. Traditionally, companies have focused on reducing and eliminating the use of child labor in their supply chains as a means of protecting the rights of children. While important, companies should keep in mind that respecting and protecting children’s rights extends far beyond the use of child labor. A robust CSR strategy should reflect a comprehensive understanding of the many ways by which businesses may adversely impact children’s rights. Developing and implementing strategies or policies to protect the… More

Flying High: The Human Rights Implications of Investing In Drones

quadricopter-451754_640Civilian application of drone technology has increased dramatically in recent years. The burgeoning civilian opportunities are a potential boon for investors, who view this emerging market as one that will expand long into the future, notwithstanding current and pending regulation of the industry. VCs are eager to get in on a piece of the action.

Notably, drones have historically been used primarily by the military, and this usage continues to be the primary driver of the market for drones and drone technology today. Up to 87 countries are currently using some form of drone… More

Canada Announces Revised Corporate Social Responsibility Strategy for the Extractive Sector

Map of Canada in Canadian flag colorsIn November, the Government of Canada announced a revised Corporate Social Responsibility (“CSR”) strategy for the extractive sector. Building on Canada’s plan for Responsible Resource Development, the strategy (“Doing Business the Canadian Way: Advancing Corporate Social Responsibility in Canada’s Extractive Sector Abroad“) focuses on the activities of extractive sector companies, but is intended to provide “a more general audience with an overview of Canada’s approach to promoting and advancing CSR abroad.”

The strategy states clearly that “[t]he Government of Canada expects Canadian companies operating abroad… More

International Migrants Day and Operating with Respect for the Rights of Migrant Workers

iStock_000000907516XSmall(2)December 18 is International Migrants Day.  Companies in a wide variety of industry sectors must address the human rights-related risks specific to employing migrant workers. These workers are especially vulnerable to human rights abuses, including poor working conditions, discriminatory treatment, physical abuse, and forced labor.

Current guidance for companies seeking to understand and address risks to migrant workers includes the Dhaka Principles for Migration with Dignity. Launched in 2012 on International Migrants Day, and developed by the Institute for Human Rights and Business, the Dhaka Principles are built around… More

International Bar Association Releases Guidance for Lawyers on the U.N. Guiding Principles

International Bar Association Conference on Law and Corporate Social ResponsibilityThe Business and Human Rights Working Group of the International Bar Association (“IBA”) recently released draft guidance for bar association and business lawyers on implementation of the U.N. Guiding Principles on Business and Human Rights (“the U.N. Guiding Principles”).

As stated in a press release by the IBA, the intent of the draft guidance for bar associations is to:

encourage bar associations to improve understanding of the relevance and applicability of business and human rights principles; urge bar… More

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum and AirScan

Alien Tort GavelOn November 12, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum and AirScan. The case, Mujica v. AirScan, involves claims by Colombian plaintiffs alleging that the companies were complicit in a 1998 bombing of a Colombian village by the Colombian Air Force. The Ninth Circuit held that plaintiffs’ claims did not rebut the presumption against extraterritorial application of ATS that has served as a significant obstacle for plaintiffs in ATS cases ever since the More

Alien Tort Case Development: The Second Circuit Assesses the Appropriate Focus of Jurisdictional Inquiries

Alien Tort GavelOn October 23, the Second Circuit Court of Appeals issued a decision in Mastafa v. Chevron Corp., a case filed against Chevron Corp. and BNP Paribas pursuant to the Alien Tort Statute (“ATS”). The court upheld the District Court’s dismissal of the plaintiffs’ complaint. In upholding the dismissal, the court held that the “focus” of the jurisdictional inquiry in ATS cases must be the specific conduct that allegedly violated the law of nations and where that conduct occurred.

The case involves allegations that Chevron and BNP Paribas aided… More

Modern Slavery Bill in the United Kingdom Expected to Include Public Reporting Requirement

thumbnailEarlier this month, the U.K. Home Office announced that a measure requiring public reporting by British companies would be included in the Modern Slavery Bill that is currently being considered by the House of Commons. The Modern Slavery Bill is expected to be enacted before the next general election in May 2015.

Observers expect that the public reporting requirement will be modeled after the California Transparency in Supply Chains Act, which requires retailers and manufacturers doing business in the State of California to publicly disclose their efforts, if… More

Alien Tort Case Development: Litigation Against Exxon Mobil Corporation May Proceed

Alien Tort GavelIn late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both cases, Doe I v. Exxon Mobil and Doe VIII v. Exxon Mobil, allege that the company is liable for human rights abuses committed by members of the Indonesian military who had been engaged to provide security for the company’s operations in Indonesia.

Plaintiffs in Doe I v. Exxon Mobil have raised claims under the Alien Tort Statute (“ATS”). At an… More