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Liability of Corporate Actors Under the Alien Tort Statute
Since 1980, the Alien Tort Statute (ATS) has emerged as an increasingly popular mechanism for foreign claimants to bring suit in U.S. courts for alleged human rights violations committed abroad. While some courts restrict ATS jurisdiction to suits against state actors (see Saleh v. Titan Corp., 580 F.3d 1, 14 (D.C. Cir. 2009)), other courts have permitted ATS claims to proceed against private individuals and corporations, often under theories of secondary liability such as aiding and abetting a foreign government's violation of international law. Although numerous claims against corporate entities have been dismissed on jurisdictional and other grounds, the issue of whether the ATS can impose liability against corporations and other juridical entities rarely has been addressed by the appellate courts. Recent decisions from the Second Circuit, rejecting corporate liability under the ATS and imposing high standards for successful aiding and abetting claims, provide a fresh look at ATS claims involving corporate actors, with potentially broad implications for this area of litigation.
Background: The ATS and the Supreme Court's Decision in Sosa
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."