News and Insights

Supreme Court Further Limits Liability Under the ATS and TVPA

Last month, the Supreme Court decided Cisco Systems v. Doe, holding that aiding-and-abetting claims are not available under two statutes frequently invoked in human rights litigation, the Alien Tort Statute (ATS) and the Torture Victim Protection Act of 1991 (TVPA). In holding that an American company and its executives could not be liable for allegedly aiding and abetting violations of international law under the ATS and TVPA, the Court reaffirmed that the ATS is a jurisdictional statute and “c...READ MORE

US Supreme Court Clarifies Availability of US Forum for Victims of Foreign State Expropriation

On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation exception to foreign sovereign immunity. See Republic of Hungary v. Simon, No. 23-867, slip op. (February 21, 2025) (Slip Op.). The decision clarifies the circumstances when victims of a foreign state’s expropriation of property can seek redress in US courts. While the decision i...READ MORE