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U.S. Supreme Court Expands Kiobel to Determine Whether the Alien Tort Statute Applies Extraterritorially
6 March 2012
Publication
Just days after hearing oral argument in Kiobel v. Royal Dutch Petroleum Co., a case involving the question whether corporations can be liable for claims of human rights violations under the Alien Tort Statute (“ATS”), the U.S. Supreme Court ordered...
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U.S. Supreme Court Hears Arguments About Corporate Liability Under the Alien Tort Statute and the Torture Victim Protection Act
5 March 2012
Publication
On February 28, 2012, the U.S. Supreme Court heard arguments in Kiobel v. Royal Dutch Petroleum Co. and Mohamad v. Palestinian Authority, two much-anticipated cases in which the Court will consider whether corporations can be sued in U.S. courts for alleged complicity...
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U.S. Supreme Court Limits Suits Against Organizations Under Torture Statute
19 April 2012
Publication
Yesterday, the Supreme Court issued a unanimous decision in Mohamad v. Palestinian Authority, No. 11-88, holding that companies and other organizations cannot be sued under the U.S. Torture Victim Protection Act ("TVPA"). That statute creates a federal...
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Financial sanctions for Libya: an update on UN, EU and Dutch legislation
6 April 2011
Publication
On 3 March 2011, Clifford Chance published a client briefing "Sanctions affecting Libya" outlining the first regulations with sanction provisions relating to the current situation in Libya. Since then, on 17 March 2011, the United Nations Security Council...
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Justice delayed is justice denied: Court of Final Appeal's re-statement of law on strike out applications for delay in light of Civil Justice Reform
20 December 2011
Publication
The power to strike out claims for delay is discretionary and derives from the inherent jurisdiction of the Court, which jurisdiction exists to avoid injustice, prevent abuse and facilitate the administration of justice. In the recent case of The Liquidator of...
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A Practical Guide to the Proposed Regime for the Use and Sale of Personal Data
19 September 2011
Publication
The Personal Data (Privacy) Amendment Bill 2011 ("Bill") was introduced before Hong Kong's Legislative Council in July 2011 to amend the Personal Data (Privacy) Ordinance in response to the public outcry following Octopus Cards Limited's...
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Dealing with foreign and the PRC states in Hong Kong
3 October 2011
Publication
Prior to the 1997 handover of Hong Kong, originating proceedings / suit could be maintained in Hong Kong in respect of a foreign or the Chinese state's commercial (as opposed to sovereign) activities, and enforcement could be sought against a foreign or the...
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FSA Update - 25 July 2011
25 July 2011
Publication
FSA Update is a weekly alerter providing views on the publications issued by the FSA during the last week. It provides a quick way to keep up to speed with what is going on at the FSA and is particularly aimed at lawyers who do not deal with FSA rules every day...
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OECD Governments Lead on Business and Human Rights
10 June 2011
Publication
Revisions to the OECD Guidelines for Multinational Enterprises effective 25 May 2011 include a new Chapter IV dealing with human rights. This is a significant development, particularly in view of the possibility for persons whose human rights are impacted by an...
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2011 Year-In-Review: Alien Tort Statute and Torture Victim Protection Act
29 February 2012
Publication
2011 marked a dynamic year for litigation involving claims under the Alien Tort Statute (“ATS”), also known as the Alien Tort Claims Act, and the Torture Victim Protection Act (“TVPA”). Federal courts divided on a number of important...