We can also expect a cert petition in Doe v. Cisco Systems, Inc. In that case, the Ninth Circuit held that Chinese practitioners of Falun Gong could bring claims under the Alien Tort Statute (ATS) against Cisco for aiding and abetting human rights violations by building a surveillance system for the Chinese government. The complaint clearly fits within the limits the Supreme Court has placed on claims under the ATS because the defendant is a U.S. company that engaged in substantial conduct in the United States.ß

Cisco can be expected to argue, however, that aiding and abetting claims cannot be brought under the ATS. As I noted in a recent post, a decision by the Supreme Court to bar aiding and abetting claims would be a final and fatal blow to corporate liability under the ATS.