Transnational Corporate Accountability Through American Corporate Law
To those who view the Alien Tort Statute (ATS) as a beacon of American justice for foreign victims of corporate misconduct, the landscape looks bleak. In the latest ATS case decided in 2021, the Supreme Court held in Nestlé USA, Inc. v. Doe that plaintiffs, who were allegedly trafficked as children to engage in slave…
Continue ReadingContracting for U.S. Courts in Transnational Commercial Litigation
Among the most important provisions that litigators search for once alerted of a potential dispute are forum selection clauses embedded in a large number of modern commercial contracts. Over the past several decades, state legislators and the U.S. Supreme Court have increasingly enabled parties to litigate in U.S. courts, even for lawsuits with significant “foreign”…
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