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Does the Ninth Circuit Give New Life to the Alien Tort Statute?

by , , and 1 Min Read

More evidence that U.S. courts are continuing to shift towards greater accountability for corporations (and associated individuals) for social harm in their supply chains.  Although it is too early to declare the ATS raised from the dead, a slew of other statutes on the books and in the legislative pipeline impose growing obligations on companies to both report and prevent forced labor, trafficking and other human rights abuses in supply chains.  Bottom line:  companies with supply chains that extend into emerging markets should be putting in place appropriate, risk-based programs to assess supply chains to detect violations, policies to deter such violations, and processes to respond to allegations and remediate violations.

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David Hackett advises senior management, legal departments and boards of major corporations and nonprofits on compliance, risk, environmental and sustainability matters. He has exceptional experience managing US and international compliance and environmental projects, including the evaluation and development of effective compliance and sustainability programs. He also has extensive experience litigating major civil and criminal environmental matters.

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Reagan Demas has significant experience working on behalf of companies and investors in emerging markets and high risk jurisdictions. He has managed major legal compliance investigations for a variety of Fortune 500 companies and negotiated settlements before the US Department of Justice, US Securities and Exchange Commission, and other federal and state regulatory entities, obtaining declinations in a number of matters. He has also conducted risk assessments and due diligence in a variety of legal compliance matters for companies across industries, and has worked on the ground evaluating partnerships, investments and other business opportunities worldwide. Reagan has written and spoken extensively on corruption, business ethics, human rights-related legal obligations and emerging regulatory regimes.

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Ijeamaka Obasi is an associate in Baker McKenzie's Chicago office. She focuses on both domestic and international transactions for the Projects, Banking & Finance and Real Estate practices. She has experience with power, renewables, construction, leasing and finance transactions.

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Jessica Wicha regularly advises US and multinational companies on managing the risks and liabilities arising under federal and state environmental, health and safety ("EHS") laws, with a particular emphasis on solid and hazardous waste and water resource issues. A significant portion of her practice also focuses on the US and international EHS laws regulating the manufacture, marketing, sale and disposal of products, including TSCA, FIFRA, California’s Proposition 65, and state chemical content and electronic waste laws.

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