Will Kiobel Grant the Privilege to Commit Human Rights Violations?

Kiobel v. Royal Dutch Petroleum, 132 S.Ct. 472 (2011), has presented the United States Supreme Court with a number of questions regarding the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”). The U.S. Court of Appeals for the Second Circuit refused to apply the ATS to Royal Dutch Petroleum. In Kiobel, the facts involved a … Continued

China’s Latest Internet Crackdown

The news spread rapidly this weekend: China was conducting a massive internet crackdown to suppress online “rumors” of political unrest within China’s Communist Party, including posts that military vehicles had entered the streets of Beijing.  As described by the New York Times, Wall Street Journal, Washington Post, and the BBC, to name a few, China’s … Continued

Kiobel v. Royal Dutch Petroleum: Supreme Court Oral Argument Recap

As has been widely reported, the Supreme Court recently heard oral argument in the case of Kiobel, et al. v. Royal Dutch Petroleum, et al. (10-1491), to determine whether liability under the Alien Tort Statute (ATS) extends to corporations that have allegedly committed grave human rights abuses.  Petitioners argued that it does, on the ground … Continued

Kiobel and what it means to U.S. Corporations

Based on the developments in Kiobel v. Royal Dutch Petroleum, it is likely that the Supreme Court’s decision in the case may end up turning on the threshold issue of whether US courts are the proper vehicle in which to air extraterritorial grievances.  If this turns out to be the case, the fate of other ATS … Continued

Christian Bale Becomes Latest Target of Chinese Crackdown

At first glance, Academy Award winner Christian Bale would appear to be a popular figure in the People’s Republic of China. Known internationally for his role as Batman in the blockbuster trilogy, he has also made a name for himself in China for his leading role in The Flowers of War, by acclaimed Chinese filmmaker … Continued

Partner or Collaborator? Corporate Counsel Magazine on Cisco’s Relationship with China

The November issue of Corporate Counsel Magazine contains an interesting article on Cisco’s relationship with China, aptly titled “Partner or Collaborator?  Cisco discovers the perils of doing business in China.” The article addresses both the Du v. Cisco and Doe v. Cisco cases, and Cisco’s muted response to the accusations that have been made and substantial … Continued

Excellent Reuters article on Du v. Cisco and Doe v. Cisco

Sui-Lee Wee has written an excellent and comprehensive article, Insight: Cisco suits on China rights abuses to test legal reach, that provides substantial background and analysis of Cisco’s actions in China, and the legal issues surrounding the current litigation.  In addition to quotes from Daniel Ward (re: Du v. Cisco) and Terri Marsh (re: Doe … Continued

Who is Liu Xianbin?

The Laogai Research Foundation has authored an excellent blog post titled “Who is Liu Xianbin?” that puts a “human face” on Liu Xianbin, one of the named plaintiffs in Du v. Cisco.  I encourage all the readers of this blog to click over to the Laogai Research Foundation’s blog to learn more about Liu Xianbin.

Continued Media Attention on Du v. Cisco

Over the past week, there has been increased media attention on Du v. Cisco. Last Monday, Daniel Ward was interviewed on Asia Pacific Forum, for a segment titled “Partners in the Police State? US Tech Giant Cisco Sued for Aiding China.”  Cindy Cohn, Legal Director of the Electronic Frontier Foundation was also interviewed for that … Continued