Monthly Archives: September 2010

The Federal Courts and Corporate Liability under the Alien Tort Statute

After the recent decision in Kiobel v. Royal Dutch Petroleum, 06-4800-cv, 06-4876-cv (2d Cir. September 17, 2010) (.pdf), in which the Second Circuit Court of Appeals held that corporations cannot be sued under the Alien Tort Statute (“ATS”) for violations of customary international law, it is worth reviewing statements made by courts in other circuits with regard to corporate […]

Securities and Exchange Commission Publishes New Proxy Access Rule in Federal Register

The Securities and Exchange Commission ("SEC") published Rule 14a-11 today in the Federal Register (.pdf).  As discussed in our September 7 post below, this Rule provides for proxy access to certain long-term shareholders, including socially responsible investment funds and pension funds.  The rule is effective 60 days after being published in the Federal Register, or November […]

Microsoft Makes Unilateral Software License Available to Protect Freedom of Expression in Russia

On September 13, Microsoft Corporation announced a major change in policy whereby the company will make a new unilateral software license available to NGOs and certain journalist organizations in Russia.  Microsoft’s announcement came shortly after The New York Times published a front-page article stating that Microsoft’s local counsel had provided assistance to Russian authorities in the criminal prosecution of NGOs and independent journalists on the basis of allegations that these groups were utilizing […]

Bowoto v. Chevron: Appellate Court Upholds Jury Verdict

On September 10, the Ninth Circuit Court of Appeals upheld a jury verdict in favor of Chevron Corporation (.pdf) in a case involving plaintiff allegations that Chevron was complicit in human rights abuses committed by Nigerian security forces in 1998.  Plaintiffs brought claims under the Alien Tort Statute (“ATS”) and the Torture Victim Protection Act […]

Securities and Exchange Commission Passes New Proxy Access Rule

On August 25, the Securities and Exchange Commission (“SEC”) passed a new proxy access rule that will provide certain shareholders with the right to nominate corporate directors and have those nominations appear in corporate proxy statements.  Shareholder advocates have advocated for a federal proxy access rule for nearly thirty years.  A draft rule was published in June […]