Clifford Chance

2011 Year-In-Review: Alien Tort Statute and Torture Victim Protection Act - Executive Summary

1 March 2012

Just yesterday, the U.S. Supreme Court heard arguments that could change future rulings regarding the liability multinational corporations face in the United States under the Alien Tort Statute ("ATS"), a 223-year-old law that permits non-U.S. citizens to bring civil lawsuits in U.S. courts for violations of the law of nations, and its contemporary counterpart, the Torture Victim Protection Act of 1991 ("TVPA"), which creates a private right of action for U.S. and non-U.S. citizens for torture committed by “[a]n individual” acting under color of foreign law.  During the last decade, lawsuits against corporations under the ATS and the TVPA have become increasingly high profile and high stakes, bringing not only significant litigation concerns but also reputational risks. These suits often involve allegations that a corporation supported human rights violations by doing business in a country where those violations occurred, or by providing monetary or material support to that country’s officials.

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