This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers. On March 15,...more
On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”), which bars the importation into the United States of products made from forced labor in the Xinjiang region of...more
1/3/2022
/ Biden Administration ,
China ,
Corporate Social Responsibility ,
Due Diligence ,
Employer Liability Issues ,
Enforcement Priorities ,
Forced Labor ,
Human Rights ,
Imports ,
Manufacturers ,
Multinationals ,
Popular ,
Regulatory Reform ,
Supply Chain ,
US Trade Policies
This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. ...more
10/28/2021
/ Canada ,
Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Due Diligence ,
EU ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Legislative Agendas ,
Multinationals ,
Regulatory Agenda ,
Supply Chain ,
Transparency
Since it was established in 2014, a United Nations Inter-Governmental Working Group (“IGWG”) has met annually to develop a multilateral treaty to attempt to hold businesses legally accountable for harms that may be related to...more
11/6/2019
/ Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Due Diligence ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Multinationals ,
Supply Chain ,
Transparency ,
UN Guiding Principles ,
United Nations ,
Working Groups
Human rights issues increasingly require the assistance of experienced counsel who can help employers navigate very fluid and complex legal, business and societal considerations. ...more
10/16/2019
/ Corporate Governance ,
Corporate Social Responsibility ,
Due Diligence ,
Extraterritoriality Rules ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Multinationals ,
Supply Chain ,
Transparency ,
United Nations ,
Working Groups
Since 2015, a United Nations working group has met annually to negotiate and draft a multilateral treaty that addresses human rights violations committed by businesses. The most recent of these annual meetings was held from...more
An ongoing debate exists regarding the nature and extent to which transnational companies should be held directly and legally liable for human rights impacts. Much of this debate has involved calls for additional regulation...more
11/10/2017
/ Burden of Proof ,
Burden-Shifting ,
Corporate Counsel ,
Corporate Social Responsibility ,
Corporate Veil ,
Due Diligence ,
Extraterritoriality Rules ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Multinationals ,
Supply Chain ,
UN Guiding Principles ,
Working Groups
Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains. The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more
2/15/2017
/ Canada ,
Child Labor ,
Class Action ,
CLRA ,
Corporate Counsel ,
Costco ,
False Advertising ,
Forced Labor ,
Human Rights ,
Multinationals ,
Putative Class Actions ,
Supply Chain ,
Thailand ,
Third-Party Service Provider ,
UN Guiding Principles ,
Unfair Competition Law (UCL)
United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data...more
On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more