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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...

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...

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...

The European Commission may have to exclude the financial services sector from its plan to create a European Contract Law. A recommendation to drop the financial services sector is set out in a new report into the Commission's proposals. The report, which was adopted...

The question of corporate liability under the Alien Tort Claims Act ("ATCA") continues to divide US federal courts, increasing the likelihood that the US Supreme Court addresses the issue in the near future. Under the ATCA, foreign plaintiffs have filed...

The U.S. Securities and Exchange Commission ("SEC") has issued information requests to at least ten banks and private equity firms to examine whether their dealings with sovereign wealth funds ("SWFs") implicate the U.S. Foreign Corrupt Practices...

Approximately six months ago, the United States Supreme Court in Morrison v. National Australia Bank Ltd. changed the paradigm for extraterritorial application of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"). The Supreme Court...

The European Commission has been trying to create an EU patent for several decades. We reported last summer on a potential breakthrough on the thorny issue of language rules, but this ultimately failed to materialise at talks held in November 2010. The Commission's...

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...

The US Supreme Court has overturned two state court rulings regarding the standard for subjecting a foreign manufacturer to personal jurisdiction in US courts in product liability cases. In both cases, the state courts held that they could exercise jurisdiction...